Getting into a car accident is overwhelming enough, but getting hit by someone driving a rental car adds even more uncertainty. After the initial shock wears off, most people have the same questions: Who’s responsible? Who pays for the damages? Can I get compensated if I was injured?
In this post, we’ll cover your rights after a rental car accident in Alabama, Tennessee, and Florida, the unique legal issues, and what steps you can take to protect yourself both your well-being and legal rights.
Steps to Take After an Accident in a Rental Car
Here are the steps to follow after a rental car accident.
Prioritize Your Well-Being & Safety
Your physical well-being is the most important thing after a car accident. Check yourself for any injuries, and if it’s safe to do so, move the vehicle to the side of the road.
Call 911
After prioritizing your safety, call 911 right away. A police report provides an objective, third-party account of the accident, and is an important piece of evidence for your insurance claim and a potential legal case. Stick to the facts and don’t speculate, because anything you say could possibly be used against you.
Document the Scene
If you can, document the scene. Take photos of damage to all the vehicles, skid marks, traffic signs, road conditions, injuries, and any debris. Get contact and insurance details from the other driver, and information from any witnesses at the scene.
Get Medical Attention Immediately
Seek medical attention as soon as possible after an accident, even if you feel fine. Adrenaline can often mask serious injuries such as whiplash, internal bleeding, or concussions. A prompt medical evaluation not only ensures you receive proper treatment, but also creates an official record linking your injuries to the accident. Delaying care can give insurance companies a reason to minimize your injuries or dispute your claim altogether.
Notify the Rental Car Company
Check your rental agreement for an emergency contact number and call them soon as possible to report the damage. The representative will guide you on what to do with the damaged vehicle. If the car is no longer safe to drive, they will likely arrange a tow truck and give you a replacement vehicle. They will also ask you to fill out an incident report. Stick to the facts when filling out the report and don’t speculate. Speculating about why the accident happened could be used against you. Failing to notify the rental company immediately could affect your ability to seek compensation for damages, medical bills, and pain and suffering for a claim.
Contact an Experienced Rental Car Accident Lawyer
It’s important to keep from speculating, and only discuss the facts of the case with the police and insurance company. Contact Wettermark Keith’s motor vehicle accident attorneys as soon as possible so we can discuss your case and the next steps.
Who is Responsible for the Rental Car Damages?
Liability in a rental car accident can be complex because multiple parties and insurance policies may be involved. Here’s how responsibility is typically determined:
At-Fault Driver
Tennessee is an at-fault state that follows a modified comparative fault rule to determine liability in auto accidents. This means that the driver who causes the accident is responsible for damages, but fault can be divided between multiple parties.
Fault in an Alabama is determined based on a fault-based (tort) system combined with a strict legal doctrine known as contributory negligence. This means that the driver who caused the accident is responsible for damages, but if the injured party is found even 1% at fault, they may be barred from recovering any compensation.
Florida follows a no-fault system, and under Florida law, drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability. Which means that after a car accident, you’ll need to file a claim with your insurance company first, to cover medical expenses and certain losses, regardless of who caused the crash. You usually can’t pursue a claim for pain and suffering unless your injuries are severe or meet a specific legal threshold. However, if the driver is at-fault and your damages exceed your PIP coverage, you may still be able to file a claim against them.
Rental Car Company
While rental car companies usually aren’t liable for accidents, they may be responsible if the vehicle was poorly maintained or had a mechanical defect that contributed to the crash.
Rental Car Accident Lawyers in AL, TN & FL
If you’ve been hit in your rental car, it’s important to contact a lawyer after you’ve been checked out by a medical professional. These car accident cases often involve multiple insurance providers and disputes over liability. If you’ve been in a rental car accident in Montgomery, Huntsville, Dothan, Birmingham, Chattanooga, Knoxville, or Panama City, Wettermark Keith’s personal injury attorneys are here 24/7 to help you understand your rights and start working on your case immediately to ensure you receive fair compensation. Call us at (877) 455-4518 or fill out our online form for a no-obligation, free case consultation today.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
