Visitors flock to our area, meaning there are many people driving rented vehicles on our roads. Crashes are not unusual, so knowing how to handle rental car accidents in DeLand is essential.
Whether you live locally or you are a visitor who was driving a rental and became involved in a wreck, you should work with our experienced car accident lawyer at The Florida Firm Injury and Accident Lawyers. Complex insurance and liability issues arise in rental car crashes, and you are unlikely to get fair compensation without legal support. We deliver results with skill and integrity and are trusted by other law firms in the area when they need representation in a car accident case.
Causes of Rental Car Accidents
Unfamiliarity with a vehicle and the local area may distract a rental car driver and lead to mistakes. Consequently, they are often at fault in a collision. However, another driver could be driving while distracted, speeding, or impaired by alcohol or drugs. Other factors, such as a defective vehicle, a problem with the road surface, or a malfunctioning traffic light, may also be to blame.
Determining who is responsible is necessary because the state is transitioning to a fault-based system for vehicle accident claims. If you are seeking compensation, you must prove that another party’s negligence caused the crash. At our DeLand firm, we have the experience and resources to independently investigate a rental car collision and could gather the evidence you need to establish liability.
Who Is Liable for a Rental Car Crash?
Under a fault-based system, the negligent party is liable for all losses caused by the crash. In practice, insurance companies usually pay these claims up to the policy limits. Even so, they fight aggressively to limit their liability and pay out as little as possible.
One critical factor in determining your damages is whether your conduct contributed to the crash. Florida Statutes § 768.81 requires an allocation of fault between the parties. Your compensation will be reduced by a percentage equal to your degree of fault, and if your conduct is determined to be the primary cause of the crash, you cannot collect any damages.
It is essential to have a DeLand attorney knowledgeable about rental car crashes to advocate on your behalf during the fault allocation process. Without strong representation, insurance companies will try to assign more blame to you to minimize your settlement.
Does the Rental Car Company Pay?
When a driver in a rented vehicle is at fault for a crash, their liability insurer is responsible for paying the other parties’ damages. Many people who rent cars have coverage for their personal vehicles that also covers them when they rent a car. Others may depend on insurance provided by their credit card or buy coverage offered by the rental company.
The rental company has insurance on its vehicle fleet, but this will only cover damages if its own negligence led to the crash. For example, it could be held liable if it did not properly maintain the vehicle and a mechanical failure contributed to the crash. The company could also be held liable if it failed to properly screen a driver and rented them a vehicle while they were unqualified or impaired.
Possible Damages in a Vehicle Accident Case
When someone else’s negligence causes you to suffer losses, they must compensate you. The money you receive in a car accident case is called your damages. Colling Gilbert Wright is well-known for obtaining maximum damages for people injured in car accidents, including numerous verdicts and settlements exceeding $1 million.
Your out-of-pocket financial losses are a component of your damages. These include:
- Lost wages from missed work
- Paid time off used during your recovery
- Medical expenses, including any necessary services or products not covered by health insurance
- Household assistance costs for hiring help to perform tasks you cannot manage
- Incidental expenses, such as parking and babysitting to attend medical appointments
- Reduced future earnings due to your injury
- Anticipated future medical expenses that you can reasonably expect
When necessary, we hire experts to calculate your anticipated future medical expenses and diminished earning capacity after a collision involving a rented vehicle in DeLand.
Your damages for pain and suffering are more subjective but can be substantial. You are entitled to pursue compensation for damages such as:
- Emotional trauma
- Scarring
- Physical pain
- Disability
- Impacts to your lifestyle and quality of life
If You Were Injured in a Collision Involving a Rental Car, Call Our DeLandOffice Today
Rental car accidents in DeLand often raise complicated liability issues. Our attorneys have a long record of successfully pursuing damages in these cases.
Whether you are a local resident or the collision occurred while you were visiting the area, contact Colling Gilbert Wright today for a free consultation. We work on a contingency basis and collect our fee as a percentage of the damages we obtain for you, so you can get started today with no risk.