What Are the Causes of Rental Car Accidents?
One reason people get into accidents when driving rental cars is that they are driving a car they are not used to and may not have a feel for its capabilities, limitations, and handling characteristics. The lack of familiarity with the performance of a different vehicle can increase the chances of an accident if the driver doesn’t acclimatize with it.
However, rental cars can get into accidents for the same reasons other vehicles crash. South Carolina personal injury lawyers highlight the following reasons why car accidents happen:
- Distracted driving
- Driving under the influence of drugs or alcohol
- Driving in unfamiliar territories
- Not observing road signs
- Road rage
- Speeding
- Making illegal turns
- Poor road conditions
- Weather adverse conditions
How Do Rental Car Companies Deal with Accidents?
Car accident attorneys in Greenville say rental car accidents can be more complex than other auto accidents due to the parties involved. While a typical accident involves the drivers and their insurance companies, rental car accidents bring in the rental car agency and its insurance provider.
Rental car companies offer supplemental insurance for rental vehicles based on the probability of an accident. While buying supplemental insurance can be a good idea, it’s essential to check your auto insurance policy beforehand, which might offer the coverage in the form of:
- Collision damage waiver (CDW)
- Personal accident insurance
- Supplemental liability protection
- Liability insurance supplement
- Additional liability insurance
- Limited loss damage waiver
- Personal effects coverage
- Partial damage waiver
When is the Rental Car Company Liable for an Accident?
Before 2005, rental car accident victims could file compensation claims against the respective rental car company under the legal theory of vicarious liability. After the Graves Amendment (49 U.S. Code § 30106 took effect in 20025, rental companies secured legal protections against injury-related claims.
Under federal law, the only exception is if a person sustains injuries due to the company’s negligence. For example, a driver shouldn’t be held liable for an accident if it was due to serious mechanical problems that the company should have resolved.
If you were injured in a rental car accident, skilled Greenville car accident attorneys can help you pursue compensation from the rental car company under the following conditions:
- Failure to train or manage employees
- Negligent entrustment to a driver without a license or proper training and experience in driving
- Negligent maintenance that entails failure to perform standard vehicle maintenance or not fixing mechanical issues they are aware of
- The rental company is aware of dangerous conditions in a vehicle or the fleet, but continues renting out cars.
Does the Driver’s Insurance Provide Coverage for Rental Car Accidents?
Rental drivers should have insurance coverage just in case they get into an accident. Rental car companies provide only $10,000 worth of coverage to any renter. Your policy can help cover any cost above this amount, depending on the case specifics. However, note that not all policies provide coverage for rental cars, so seek legal counsel to understand your options.
Your credit card may have a rental car coverage option, but it may not cover personal injury. Ensure you check the fine print carefully. Credit card insurance often charges upfront for damages, and you may not obtain reimbursement until the claim is resolved.
Car accident lawyers advise you to evaluate your agreement with the rental car company before signing on the dotted line. Most rental car contracts state that renters accept full liability for damages after an accident. This can be true even if you’re not at fault, requiring you to seek reimbursement from an insurance company.
What Should I Do After a Rental Car Accident?
Getting involved in a car accident can leave you stunned and unsure of what to do next. However, it’s crucial to know that what you do or don’t do after the crash can affect the outcome of your compensation claim. Personal injury lawyers in South Carolina advise that you do the following:
- Prioritize safety: Check yourself and others involved in the accident for injuries and call for emergency medical assistance if needed. Seek medical attention and proper checkups even if you don’t have physical injuries and are not in pain. You may have sustained internal injuries that may later become complicated.
- Report the accident: Call 911 to report the accident to the police and obtain an official accident report, which is crucial in your insurance claims or any legal action you pursue. The police will determine fault, which is vital in helping you obtain a settlement.
- Record the accident scene: Take photos of or record the vehicle damage, your injuries, the debris, road conditions, and the surrounding area. This information will be crucial in helping you prove your case.
- Notify the rental car company: Inform the company about the crash, but avoid delving into details or admitting liability to avoid incriminating yourself.
- Talk to a lawyer: Seek legal counsel to help you understand how to navigate the complexities of rental car accidents.
Navigating the Complexities of Rental Car Accidents with the Help of a Skilled Car Accident Lawyer
Rental car insurance claims can be complex, given the multiple insurance companies and policies that can come into play after an accident. Determining liability is also complex and may take a long time to accomplish. Without the help of skilled Greenville personal accident attorneys, your chances of recovering compensation may be minimal.
One of your first calls after a rental car accident should be to a reputable injury law firm like the Hammack Law Firm. Our legal team can evaluate your case specifics and help you weigh your legal options. We will also fight to ensure you get compensation for your damages. Call us at 864-766-7108 for a FREE consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
