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Many people visiting Charleston will get a rental car rather than rely on public transportation or taxi cabs. Even long-time residents might get a rental when their car is in the repair shop. What happens if you are involved in a car accident in a rental car? At Trey Harrell, we have helped many people involved in these wrecks. Whether you were driving the rental or were struck by someone driving one, we can help. Please reach out to our Charleston rental car accident lawyer for assistance.
Rental Car Accidents & Fault
Car wrecks in South Carolina are analyzed under fault principles. This means the person who caused the crash is responsible for paying compensation to all victims. In this respect, rental car accidents are no different than any other crash in Charleston. If a driver has no fault, then they don’t owe you a penny.
Most collisions are caused by carelessness. A driver doesn’t use the care we expect motorists to use, and they end up causing a wreck.
Legally, we call this type of carelessness “negligence.”
Examples of negligence include:
- Distracted driving
- Cell phone use
- Intoxication
- Speeding
- Following too closely
- Making an illegal turn
- Failing to yield
- Driving on the shoulder or sidewalk
What happens after a crash is this: both drivers point the finger at the other. You might claim the other driver was distracted and didn’t see you. The other driver alleges you cut in front of them.
We’ll need to look at all the evidence to determine fault.
Critical pieces of evidence include witnesses—passengers in your car, other motorists on the road, and bystanders on the sidewalk or in nearby businesses. Anyone who saw the collision can offer testimony about how it happened. This testimony helps us assign fault.
Other evidence includes dashcam footage, if available, and any security cameras pointed at the road.
The sooner you call, the more time we have to begin digging for useful evidence.
Making an Insurance Claim for a Charleston Accident Rental Car
If you were hurt in the collision, then you can submit a claim on the at-fault driver’s insurance policy for:
- Medical care
- Income loss
- Future expenses
- Pain and suffering
- Emotional distress
A person’s liability insurance, which they bought for their car at home, should apply to an accident involving a rental car. That’s excellent news. So long as they have liability coverage for a car they own, it should cover a rental car accident.
But what happens if the driver is uninsured? That happens a lot. According to the Insurance Information Institute, about 14% of Americans lack insurance coverage, which translates into tens of millions of motorists.
One option is to use your uninsured motorist insurance, which comes with your own liability coverage. This is insurance you pay for. You can use it whenever an uninsured person injures you in a collision which they cause.
The Rental Car Company is Not Automatically Responsible
One misconception is that rental car companies are automatically on the hook because they own the car. That’s not the law. However, a rental company could be responsible if they don’t keep their car in good working order. They can’t lease a dangerous vehicle and escape liability.
Furthermore, they might have liability if they rent to someone who is visibly intoxicated and in other situations. Let us review the facts.
Adding a rental company as a defendant has advantages, but federal law shields them in many cases.
Who is Responsible for the Rental Car After the Accident?
If you were driving the rental, then it probably got damaged in the crash. A question is who pays for a rental car after an accident?
When you rented the vehicle, you probably agreed to be responsible for the damage, even if you were not at fault for the collision. This is a binding contract. Consequently, the rental car company is probably expecting you to repair the damaged car and they might sue you if you don’t. Again, your obligation to fix the vehicle applies even if you weren’t to blame for the accident.
Here are your primary options if you were driving a damaged rental:
- You might have purchased the “loss damage waiver” when you picked up the vehicle. This isn’t really insurance. Instead, the rental company agrees not to hold you responsible for any damage to the vehicle.
- You might have used a credit card to rent the car. Some cards have insurance for when you get into a crash. You should check your insurance.
- You might have collision coverage with your vehicle at home. It might apply to the damage sustained by a rental car.
- You could pay out of pocket to fix the car. If another driver was at fault, you can sue them to be reimbursed for the costs of repairs.
You are probably upset that a rental company is demanding that you pay, even though you were innocent. That is perfectly understandable. Call us. We can review the above options—or consider other options available to you.
What if You Are Partially to Blame for the Accident?
South Carolina recognizes comparative fault. You can seek compensation provided you are not more than 50% to blame for your accident. That’s good news. If you were less than 50% to blame, then your compensation is reduced by your share of fault.
These rules apply to rental car accidents. You might have been distracted by a phone call when a speeding motorist crashed into you. In this case, you both might have some share of fault.
Comparative negligence matters enormously. The other driver has a strong incentive to pin all or most of the blame on you. You need an experienced Charleston car accident lawyer to push back on their accusations. Let us review the evidence in your accident rental car.
Reach Out to Our Law Firm Today
We offer a free consultation to anyone injured in a motor vehicle collision, including an accident in a rental car. Remember Trey Helps!