If you or someone you love sustained an injury in an accident with a rental car, getting compensation for your injuries and property damage can be a challenge. Filing a lawsuit after a rental car accident does not always mean suing the rental agency. It could also involve suing the driver or another party whose negligence caused or contributed to the accident.
You do not have to navigate this process or figure out who to sue by yourself. A Florida car accident lawyer can guide you through each step of investigating the accident and filing your rental car accident lawsuit. You can get legal services and support for your claim at no upfront cost and only pay the law firm if it wins compensation for you.
Who Can File a Rental Car Accident Lawsuit?
In an accident with a privately owned vehicle, you typically know who to pursue for compensation. However, a crash involving a rental car could have complications. You could be entitled to seek compensation if:
- You were the driver of a vehicle hit by a rental car.
- You were the driver of the rental car hit by a private car.
- You were a third party (e.g., pedestrian, motorcyclist, or bicyclist) in an accident caused by the rental car’s driver.
In cases like these, the injured party could seek compensation from:
- The at-fault driver’s auto insurance policy
- The rental car agency’s corporate insurance policy
- Your auto insurance company
You don’t have to work with a lawyer after any car accident. However, hiring a lawyer for a complex accident like a rental car collision could work in your favor. They can help you pursue the appropriate at-fault party and insurance company and maximize your financial recovery.
How Do You Determine Who Bears Financial Liability?
The driver whose negligence caused your accident is responsible for compensating you. In rental car accidents, determining the liable party can get complicated since:
- The at-fault driver might have coverage through their rental agreement.
- The rental car agency might disclaim coverage for some acts of negligence.
- The driver might not have purchased coverage via the rental, and you must seek damages from their private insurer.
To establish liability and with which insurance company to file a claim, your car accident lawyer must prove the required elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Your attorney will document these elements with a robust collection of evidence, including police reports, rental contracts, witness statements, photos, videos, and more. Your case file will also prove the accident’s costs with evidence like medical bills, proof of income, and property repair estimates.
What Is a Rental Car Accident Lawsuit Worth?
The monetary value of your lawsuit will depend on the extent of your injuries, the damage to your property, the long-term effects of the crash on your mental and physical health, and the length of your recovery. Your legal team will create a detailed list of your recoverable damages, which can include:
- Economic damages, including accident-related medical bills, income loss, loss of future earning ability, and property damage, loss, or diminished value.
- Noneconomic damages, including lasting impairment, physical disfigurement, ongoing pain and suffering, mental anxiety, emotional trauma, and diminished quality of life.
- Wrongful death damages, if applicable, include funeral and burial expenses and loss of your loved one’s financial and domestic contributions. They also include your loss of care, consortium, guidance, and companionship.
When a car accident attorney handles your case, they will negotiate for you and fight hard to maximize your rental car accident claim.
When Is the Best Time to File Your Lawsuit?
You have limited time to file your lawsuit, no matter who the liable party is. In addition, Florida law changed in 2023 to shorten the previous four-year statute of limitations. In general, you now have:
- Two years from the accident date to file your personal injury lawsuit, according to Florida Statutes § 95.11(4)(a)
- Two years from the date of a loved one’s passing to file your wrongful death lawsuit, according to Florida Statutes § 95.11(4)(e)
If you file your lawsuit too late, the court will dismiss it without hearing your argument for the compensation you deserve. However, complying with the statute of limitations is only one reason to file your lawsuit without delay:
- Your lawyer can speak to witnesses while their memories are fresh.
- Your lawyer can collect and preserve evidence.
- The insurance company knows you mean business and is incentivized to settle your claim rather than go to trial.
How Can a Lawyer Help With a Rental Car Accident Lawsuit?
After assessing your collision and determining which at-fault driver and insurance company to pursue, your car accident lawyer will manage your claim by:
- Handling all communication with the adjuster
- Collecting, organizing, and submitting evidence
- Completing and submitting insurance claim forms
- Proving the at-fault party’s negligence
- Regularly providing case updates
- Addressing all your case-related questions
Your lawyer will also handle settlement negotiations. They will calculate the value of your damages, submit a settlement demand letter, and weigh the pros and cons of each offer. If they cannot agree on a settlement, your lawyer will take your lawsuit to court for a final resolution.
Is It Worth Hiring a Car Accident Lawyer?
Hiring a car accident lawyer is often risk-free and will not cost you anything out-of-pocket. The law firm will cover all the upfront costs of preparing your case, and they only receive compensation if you recover compensation. Then, their fee is a percentage of your recovered damages.
Get a Free Review of Your Rental Car Accident Case
If you or a loved one sustained severe injuries in a rental car crash, you could recover damages from the financially liable party. Our car accident lawyers will help you file a rental car accident lawsuit and get compensation for your injuries and related costs.
Cases like these are complicated, but our familiarity with personal injury law can take the stress out of financial recovery. Contact our consultation team at the Law Offices of Wolf & Pravato today to get started.
