No one expects to get into a car accident or become injured while driving a rental car, but it still happens. The aftermath is somewhat similar to accidents involving your own car, but there are significant factors to be aware of. Many of them involve insurance coverage and driver liability.
What Should I Do Right After the Crash?
First, prioritize your safety and the safety of your passengers. Assess your condition and call 911 to report the accident, even if injuries seem minor. Medical professionals can evaluate injuries at the scene or at a medical facility, which is important for your health and for documenting the accident.
Once medical concerns are addressed, gather information at the scene. Exchange contact and insurance details with the other driver, take pictures of the accident scene and collect witness statements. If law enforcement responds, request a copy of the police report, as it will play a significant role in determining fault and pursuing claims.
Who Is at Fault in a Rental Car Accident?
Determining fault in a rental car accident depends on the circumstances. If you were the driver of the rental car and caused the accident, you may be liable for any resulting damages or injuries. This may occur in situations like running a red light or failing to yield.
If another driver is at fault, they may be responsible for covering your medical expenses and property damage. Collecting evidence that supports the other driver’s negligence is essential.
Law enforcement will generally investigate the scene and will consider factors such as witness accounts and the position of the vehicles involved. The police report will document vital details and may indicate which driver is at fault.
Delaware has comparative negligence laws that might apply to your case. You can recover damages when you are less than 51% at fault; otherwise, you will not be entitled to compensation.
What Is the Role of Insurance Coverage in a Rental Car Accident?
Car rental companies typically offer customers:
- Collision Damage Waiver (CDW). That may relieve you from financial responsibility for damage to the rental car.
- Liability insurance. This option protects you against claims for injuries or damages you cause to other drivers.
- Personal Accident Insurance (PAI). The PAI can assist with medical expenses for you and your passengers in the event of an accident.
If you paid for these options, you may have additional coverage options. It is also important to review your personal auto insurance policy before renting vehicles, as it may extend coverage to those. Additionally, check your credit card benefits, as many provide rental car insurance if you use them for payment.
What Should I Do if I am Injured While Driving a Rental Car That Was Not My Fault?
If another driver caused the accident, you have the right to pursue compensation for injuries and damages. Notify the rental company about the accident promptly. They may have specific procedures you need to follow and may assist with the claims process. You may need to file a claim with the at-fault driver’s insurance company.
Your claim may seek compensation for damages like medical expenses, lost wages, and pain and suffering. The specific amount of compensation depends on the severity of your injuries and the extent of property damage.
Let the Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Fight to Protect Your Rights
The knowledgeable Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC offer free consultations, and our team is prepared to pursue the compensation you deserve. To learn more, call our Wilmington, Delaware office at 302-888-1221 or complete our online form. We serve clients in Dover, Newark, and Middletown.