What Happens If You’re in a Rental Car Accident in Pennsylvania
Being involved in a car accident becomes even more complex when you are driving a rental car. Pennsylvania places additional burdens on rental car drivers to pursue an insurance claim with the at-fault driver. An experienced Montgomery County car accident attorney can help guide you toward a favorable outcome in your case.
Who Is at Fault in Your Rental Car Accident Case?
Step one in addressing the injuries in your rental car accident case is to determine who is at fault. A combination of you, the rental car company, and the other driver involved may be responsible. Given that you were driving the rental car, you are likely responsible for any damage that occurred while operating it.
What Role Does Car Insurance Play?
A key part of determining which party can be held responsible for your injuries is to look at insurance. At the time of renting a vehicle, the company typically provides you with information on the different types of insurance available.
The type of coverage you selected (if any) can determine, in large part, which driver is responsible for causing the accident. Different car rental companies can offer different coverage and policies for their vehicles. A renter should read through these options to make a good decision on insurance.
Different Types of Insurance for Rental Car Drivers
Numerous types of insurance may be available for car renters. For instance, a collision damage waiver removes you from consideration for being responsible for damages to your vehicle in the event of an accident. Liability insurance provides protection against injury or property damage that you may cause to others while driving the rental car. Personal accident insurance covers medical expenses for your passenger(s) and you.
It is also possible that your personal car insurance will apply if you are involved in an accident. Before renting a car, it is a good idea to review your automotive insurance policy to determine if this type of coverage is already included.
What Steps Should You Take if Injured While Driving a Rental Car
Safety is in focus after an accident with a rental car. Ensure your passengers are safe and do not require medical attention. If you are able and once it is safe, exit your vehicle and seek important information from the other driver, such as their name, their phone number, and their insurance policy number and date of expiration.
If possible, document the scene of the accident: photographs of the vehicles post-accident, other property damage, and the general layout of the area. The better you document the situation after the accident, the better positioned you will be to notify the rental car company of the accident as well as pursue a potential insurance claim.
Seeking medical attention, above all else, should be handled first after being involved in a rental car accident. Depending on the nature of your injuries, the decision to seek medical care may not be up to you. The reality is that many injuries suffered may not be obvious at first. Getting a professional check-up can prevent a worsening of an injury that would otherwise be unknown to you.
Is It Possible To File a Lawsuit Against a Rental Car Company for Damages?
It is not a straightforward situation when it comes to holding a rental car company responsible if you believe that the company or the driver is responsible for your injuries. That’s why it’s critical to have a Montgomery County car accident attorney on your side.
A rental car company would likely argue that, unless negligence can be shown during the rental process, it cannot be held responsible for your injuries. Pennsylvania courts are likely to find this argument persuasive. If you are injured due to the negligence of a rental car driver, your greatest opportunity for success in a lawsuit is to file against the driver and not the company itself.
That said, it isn’t as if a rental car company cannot be held responsible for anything. There are limited circumstances under which a rental car company can be held liable for injuries.
One example is employee training. If the rental car company failed to train its employees or supervise them, the company may be liable for injuries resulting from that failure.
Rental car companies typically have strict policies about who they will rent to. If the company was negligent in this area, there may be a lawsuit.
Additionally, rental car companies must maintain their vehicles. This means staying on top of maintenance services per OEM guidelines, including tire rotations, oil changes, and filter exchanges.
Since rental vehicles are driven regularly, repairs are often necessary. If the rental car company failed to repair or maintain the vehicle that injured you, this could be the basis for a lawsuit.
Client-Driven Representation: Anthony C. Gagliano. III, Esquire, P.C.
Injured in a rental car accident? Reach out to Montgomery County car accident attorney Anthony C. Gagliano, III, Esquire, P.C. Our team of legal professionals works tirelessly on behalf of our clients. We defend their rights after they are injured while on the road. For a free consultation, please contact our office today.
The protections for injured drivers and passengers do not enforce or defend themselves. Obtaining top-notch legal representation goes a long way toward helping restore you and your health after a rental car accident.