Car accidents are never easy–that is a given. There are physical injuries, emotional upset, financial losses, and conversations with insurance companies to contend with. When the accident occurs in a rental car, the complexities increase as the insurance situation has more layers and is trickier to navigate.
Do not risk losing out on compensation or bearing the burden of car repair costs because of misunderstanding, and do not automatically trust that the rental or insurance car company will put your interests first. They will put their own interests first. You need a Corpus Christi car accident lawyer who can sort through insurance jargon and keep your interests protected. Contact Flood Trial Lawyers to secure the legal representation you need.
What to Do After Being Hit in a Rental Car
Whether you are driving a rental car or your own vehicle, there are common steps to take immediately following a collision.
- Safety first: If anyone needs emergency medical care, call 911. Do what you can to render aid and get the cars out of the line of traffic, but if you cannot do those things safely, stay put.
- Get information: Get contact and insurance information from the other involved parties, and contact information for any witnesses. Take pictures of the accident scene and the property damage to the cars.
- Report the event: If you do not call the police at the scene, you still need to report the accident to local authorities within 24 hours. It is best, though, to call the police to the scene to take a report.
- Call the companies involved: Report the accident to your auto insurance company and to the rental car company. Do not say anything that could be taken as an admission of fault, and keep your comments brief and factual. If you can, speak to an attorney before calling these entities.
- Get towing information: If the car needs to be towed, get specific details from the towing company about where the car will be stored and how much towing and storing will cost. If possible, speak with the car rental company before the car is towed, as the company may have a preferred mechanic.
If you sustain injuries that do not seem especially serious and do not require emergency care, be sure to get prompt medical attention anyway. Sometimes, the effects of car accident injuries do not appear right away–the adrenaline rush can mask symptoms.
For some injuries, such as damage to the back or potentially fatal head and brain trauma, symptoms can take a few hours or a day to show. Do not risk your health by delaying treatment, and do not give the at-fault party an opportunity to blame you for your worsened condition should you ultimately pursue a claim for compensation.
Who Pays for Damage if You Are Hit in a Rental Car?
Texas is a fault state, which means the person responsible for causing an auto accident is accountable for covering the resulting damages. Often, those involved see the crash differently, and negligent parties, even if they are clearly at fault in your eyes, fight against culpability. Even if they do own accountability, it is still best to have a car accident lawyer handle negotiations with their insurance company.
Comparative Fault Laws
“Comparative fault” applies to car accidents in Texas. There are many factors that influence how fault is determined in a Texas car accident. The victim can file a claim against the at-fault driver as long as the victim holds less than 51% of the blame. Compensation collected is reduced in proportion to the percentage of blame the victim may hold.
The negligent party’s insurance provider will jump at the chance to put fault on you to reduce their payout. Protect yourself from false blame and unfair reductions in compensation by partnering with a rental car accident lawyer.
Personal and Rental Auto Insurance
Texas has minimum insurance requirements for all drivers. However, Texas does not require car renters to purchase a collision damage waiver (CDW) or specific insurance from the rental company. The waivers are not insurance but an agreement that you will not be charged if the vehicle sustains damage while under your operation.
Your own auto insurance policy may include rental car coverage, so damage to the vehicle may be covered, though you will have to pay your deductible. If you are injured, your health insurance should cover your expenses. The credit card you used to rent the car may also offer coverage, so remember to look into that option.
If you do not own a car and do not have insurance, you should purchase insurance from the rental company, according to the Texas Department of Insurance (TDI). This holds true if you do not have health insurance either.
Recouping Your Losses When Hit in a Rental Car
Even if you have insurance, accident costs add up, especially if you are seriously injured. And the rental car company may also hold you accountable for compensating them for the car’s reduced value, repairs, and lost revenue, as they cannot rent the car while it is undergoing those repairs.
When another party caused the car accident, they need to compensate you for these costs and any other losses you have sustained. For example, you may need to recover lost income and property damage and get justice for your pain and suffering. The team at Flood Trial Lawyers will value your losses and demand fair compensation.
Hit in a Rental Car While Driving for Business
You may have rented the car for business travel, which adds another layer to your situation. You need to report the accident to your employer, and your employer may have specific car rental coverage in place. If things become complicated, or your employer does not cover the damages, call a rental car accident lawyer right away.
Hit in A Rental Car? We Are Here to Help.
Being hit in a rental car puts a damper on vacations and takes the efficiency out of business trips. Do not risk even greater losses by being forced to pay for damage that is not your fault or going without the compensation you deserve. Contact Flood Trial Lawyers and connect with a Texas rental car accident attorney who will handle your case from start to finish, keeping your best interests in mind throughout the process.