Rental Car Accidents During Travel: Who’s Responsible for Your Injuries?
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Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
When you rent a car for vacation or business travel, a rental car accident can turn your trip into a legal nightmare. Determining who’s responsible for your injuries depends on several factors, including the rental agreement, insurance coverage, and the cause of the accident. Generally, the at-fault driver bears liability, but rental companies, insurance providers, and other parties may share responsibility depending on the circumstances.
If you’ve been injured in a rental car accident in Nebraska, Knowles Law Firm can help you navigate the complex process of determining liability and pursuing compensation. With 55 years of experience handling car accident cases, the lawyers at Knowles Law Firm have obtained multi-million dollar settlements and understand how to hold the right parties accountable for your injuries.
Who Can Be Held Liable for Rental Car Accidents During Travel?
Determining liability in rental car accidents requires examining multiple parties. The at-fault driver typically bears primary responsibility, whether you were driving the rental vehicle or another motorist caused the collision. However, rental car companies can face liability if they fail to maintain the vehicle properly or rent a car with known mechanical defects.
Insurance coverage plays a significant role in these cases. Your personal auto insurance may extend to rental vehicles, while credit card companies often provide secondary coverage when you use their card to rent a car. The rental company’s insurance serves as another potential source of compensation, though these policies usually have specific limitations and exclusions.
What Damages Can You Recover After a Rental Car Accident Injury?
Injured victims in rental car accidents can pursue various forms of compensation. Economic damages cover quantifiable losses such as:
- Medical expenses, including emergency treatment, hospitalization, surgery, and rehabilitation
- Lost wages from time missed at work during recovery
- Future medical costs for ongoing treatment or long-term care needs
- Property damage to personal belongings in the rental vehicle
Non-economic damages compensate for subjective losses like physical pain, emotional distress, and diminished quality of life following the accident. The experienced car accident lawyers at Knowles Law Firm can help you pursue the full compensation you deserve for your rental car accident injuries.
How Does Rental Agreement Language Affect Your Injury Claim?
Rental agreements contain important clauses that impact liability and insurance coverage. Most contracts include liability waivers that attempt to limit the rental company’s responsibility for accidents. However, Nebraska consumer protection laws may invalidate specific overly broad waiver provisions that try to eliminate all liability, even for the company’s own negligence.
The damage waiver or collision damage waiver you purchase affects your financial exposure. Declining this coverage means you remain responsible for damage to the rental vehicle, regardless of fault. Understanding these contractual terms before an accident occurs helps protect your rights and clarifies your coverage options.
Can You Sue If the Rental Car Had Mechanical Problems?
When mechanical failures cause rental car accidents, the rental company may be directly responsible. Companies have a duty to maintain their fleet in a safe operating condition and inspect vehicles regularly. Brake failures, tire blowouts, steering malfunctions, and other mechanical defects that cause accidents can establish the rental company’s negligence. Product liability claims may also arise if defective vehicle components caused the accident. Manufacturers and distributors can be held accountable when design flaws or manufacturing defects lead to injuries.
What Steps Should You Take After a Rental Car Accident?
Protecting your legal rights begins immediately after the collision. Call 911 to report the accident and request medical attention for anyone injured. Document the scene thoroughly by photographing vehicle damage, road conditions, and any visible injuries. Exchange information with all drivers involved, including names, contact details, and insurance information.
Notify the rental company promptly, as your contract likely requires immediate accident reporting. Seek medical evaluation even if you feel uninjured, as some symptoms manifest hours or days later. Avoid making statements to insurance adjusters before consulting with experienced legal counsel, as these conversations can jeopardize your claim.
Contact Knowles Law Firm for Help With Your Rental Car Accident Claim
Rental car accident injuries during travel create unique legal challenges that require experienced guidance to resolve successfully. Between managing multiple insurance policies, interpreting rental agreements, and proving liability across state lines, these cases demand careful attention to detail and thorough legal knowledge. The lawyers at Knowles Law Firm bring over five decades of experience to these complex claims and have secured multi-million dollar settlements for injured clients throughout Nebraska.
Don’t let insurance companies or rental agencies minimize your injuries or unfairly shift blame. The experienced attorneys at Knowles Law Firm understand the tactics these entities use and know how to counter them effectively. Call us at (402) 431-9000 or complete a contact form to schedule your free consultation.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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