You may file a claim against the negligent driver if you were involved in a car accident with a rental car. They will typically use their insurance policy or the rental car’s insurance coverage when paying for the accident’s damage.
Read on to learn how to collect a settlement from a rental car accident caused by another driver.
Is There Insurance for Rental Cars in Sacramento?
In Sacramento, rental car companies don’t automatically include liability protection for the renter as a standard provision in the rental agreement. However, Sacramento rental agencies should disclose all the necessary information when renting a vehicle before signing the contract, including the different types of insurance coverage a renter may purchase if they don’t have one.
This may include:
- Personal accident insurance,
- Liability insurance,
- Personal effects insurance,
- Roadside assistance insurance,
- Emergency sickness insurance.
Generally, road users should have minimum liability coverage from their insurance company. So, this may be used if they are involved in a rental car accident. However, they may need to get liability insurance, a non-owner liability policy, or rental car insurance through the rental car company if they fail to secure the minimum insurance requirement.
What Does a Rental Car Insurance Cover?
Rental car insurance refers to the financial protection a car rental company offers when you rent a vehicle. This insurance covers the following responsibilities:
- Liability: covers any damage or injuries caused by you while driving the rental car.
- Loss or collision damage waiver: absolves you of responsibility for any damage to the rental car, such as theft or vandalism.
- Personal accident insurance: protects you and your passengers from injuries while driving a rented vehicle.
- Personal effects coverage: reimburses you for your possessions if your rental vehicle is stolen.
While rental car insurance can cover injuries and vehicle damages in an accident, it is essential to note that renters may refuse to purchase this if they already have a personal auto policy that includes liability, comprehensive, collision, medical payments, or personal injury protection.
Who Should Pay the Damages of a Rental Car Accident?
If you were hit by a driver driving a rental car, they should be liable for the damage and expenses of the crash. Car renters usually purchase the minimum liability coverage when renting a vehicle.
Under California Insurance Code 11580.1b, all auto drivers must have the minimum liability responsibility of:
- $15,000 for injury or death to one person.
- $30,000 for injury or death to more than one person.
- $5,000 for property damage.
If you were involved in a car accident with a rental car, the driver would likely use this insurance policy to cover your damage expenses. This is because they aren’t allowed to use car rental insurance if it is determined that the accident was due to their negligence.
When filing a personal injury claim against the driver responsible for the crash, you must establish that their negligent actions directly caused the collision. Essentially, negligence is determined by these four elements:
- The driver had a responsibility to ensure the road users’ safety.
- They failed to fulfill this duty.
- The breach resulted in a rental car accident.
- The collision caused injuries and other damage.
To prove negligence, you may need sufficient evidence to build your car accident claim, such as the following:
- police report,
- car accident photos,
- witness testimonies,
- medical documents related to your injury from the crash, and
- vehicle car repair or replacement costs.
When Is a Rental Car Company Responsible for the Accident’s Damage?
If you are involved in a car accident with a rental car in Sacramento, the negligent driver should usually shoulder the collision’s damages. However, there are particular instances where you may also pursue a car accident claim against the rental car company, such as when:
- The rental car company knew the renter might cause an accident or violate traffic laws. For example, the driver had two DUI offenses in the past.
- The rental car company failed to maintain the vehicle in good condition. Yet they offered the car to the client.
You must reach out to the best car accident attorney Sacramento can offer to investigate your case, determine the negligent parties responsible for the crash, and prove their liability to receive maximum compensation.
What Happens When I’m Partially Liable for an Accident with a Rental Car?
California practices pure comparative negligence. Any crash victim is entitled to file a claim, regardless of how much they are responsible for the accident’s damages.
For instance, a speeding driver who was under the influence of alcohol hit you. During the time of the collision, you weren’t wearing your seatbelt. In such circumstances, let’s say you are 10% responsible for the crash. You, then, can file a claim to receive 90% compensation. On the other hand, the other party can also pursue a case to claim 10% restitution.
If you are partially at fault for a rental car accident, contact a personal injury lawyer who can immediately check the facts of your case and pursue the fair compensation you deserve.
What Damages Can I Include in My Compensation?
A car accident may result in minor to severe injuries and damages. While receiving compensation may not bring your life back after the accident, it may help with the financial burden carried by the crash.
When calculating your total settlement, consider the following damages applicable to your situation:
Economic damages are monetary losses computed through receipts, invoices, and other documents. Examples of this include the following:
- past, present, and future medical bills,
- vehicle repair or replacement expenses,
- lost wages,
- future loss of income, and
- out-of-pocket expenses.
Additionally, non-economic damages are non-financial losses brought about by the crash, such as pain and suffering. Non-economic damages include the following:
- pain and suffering,
- emotional distress,
- loss of enjoyment,
- loss of love and companionship, and others.
Meanwhile, punitive damages are additional awards the court decides if they perceive the negligent party’s actions as malicious or extreme.
An accident attorney in Sacramento has the knowledge and experience to calculate financial losses, quantify non-monetary losses, and determine your eligibility for punitive damages to maximize your payout.
What to Do If You Are Involved in an Accident with a Rental Car in Sacramento
It is best to follow the measures below to ensure your well-being in an accident with a rental car and to efficiently navigate the legal process when filing a personal injury claim.
- Stay calm.
- Call 911 or the Sacramento Police Department to respond to the scene.
- Check if you have injuries.
- Seek medical attention and contact the nearest hospital in Sacramento.
- Collect evidence at the accident scene, such as the negligent party’s contact information, their rental car company, photos of the damages, and witness testimonies.
- Cooperate with the Sacramento police officers.
- Contact injury attorneys who can help build your case.
Do I Need a Lawyer to Win a Rental Car Accident Claim?
You may pursue a car accident claim without an attorney if you are involved in a minor crash. However, hiring a lawyer to maximize your compensation and receive the justice you deserve is best.
For instance, you were involved in a car accident with a rental car due to another driver’s negligence. The at-fault party had multiple prior offenses, which the rental car company knew. In this case, you may file a claim against the driver and the rental car company. However, how will you handle both cases while recovering from your injuries?
A personal injury lawyer with expertise in car accident claims can assess your crash, determine the liable parties, and defend your case to maximize your payout.
An attorney can do the following to win your case successfully:
- Examine the facts of your case.
- Collect the necessary evidence to support your claim.
- Prove liability.
- Communicate with the insurance company or the rental car provider.
- Calculate the total damage.
- Proceed to a trial if necessary.
Jacoby & Meyers has the best accident attorney Sacramento can offer who can professionally guide you through the legal process and steps and win the fair compensation you deserve. We cater to rental car accident victims in Sacramento and other areas of California. Contact us at 800-500-0000 for a free consultation.
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form
