Determining Liability in a Rental Car Accident

Illinois is one of the states that receives millions of tourists and vacationers all year round, and a major portion of them rent a car to commute around the city. When a rental car is involved in an auto accident, the situation quickly becomes quite complicated. One of the many questions that arise is: who should be held liable for the accident and which insurance policy will cover the costs of vehicle repair, medical bills, and other damages.

Who is Responsible in a Rental Car Accident?

Coverage for compensating damages in a rental car accident may come from:

  • Insurance offered by the rental company
  • The at-fault driver’s car insurance
  • Coverage offered by the credit card that was used for paying for the rental fee

Typically, a rental company gives people an option to opt for insurance coverage. In some states, having this coverage when renting a car is mandatory, while in others, it is optional. The main purpose of rental insurance coverage is to protect drivers from other states in the event of an accident, and prevent liability from transferring to their personal insurance policy.

If you choose to refuse this coverage, the damages will be paid through your own insurance carrier in a way as if the accident occurred with your own car. However, there is a chance that the claim cannot be made against your own insurance policy, as it may exclude coverage from some states.

In most cases, a rental car company is not responsible for damages or injuries when its rented vehicle is involved in an auto accident. Such a claim is filed against the insurance policy of the at-fault driver. However, if the at-fault driver opted for the rental insurance through the renting company, some or all of the damages may be covered through it. The coverage for different types of damage largely depends on the language of the insurance contract.

When the Rental Car Company is Responsible

Unless you are able to establish that the rental company was somehow negligent, you cannot shift the responsibility of the accident to it based on ownership alone. A few cases where a rental company may be negligent include:

  • Renting a vehicle to a driver who isn’t legally allowed to drive or shouldn’t be rented in the first place
  • Mechanical faults in the rented vehicle
  • Failure to train and supervise their staff

If the accident victim or the renter cannot prove that the rental company was at-fault, they may have to settle the claim based on their individual coverage policies.

Steps to Take after the Accident

In the event of an auto accident with a rental vehicle, first you should seek medical attention and contact the local police immediately. Inform the rental company of the accident, and if possible, contact your credit card or insurance company as well. Make sure you take photos of damages of all vehicles involved in the accident. After the situation stabilizes, go to the car rental office. Ask them to give you a copy of the rental agreement. Moreover, get a copy of the accident report with repair estimates and claim documents.

1

Having all these documents will help you file a claim against the at-fault party and get compensation for the damages in Illinois. The process can become hassle-free if you take legal assistance of an experienced auto accident attorney. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 today to schedule your initial consultation.

Two Critically Injured in Rollover Crash in Skokie, IL

There was an auto accident in Skokie, IL, on November 17, 2016. The accident occurred in the 4200 block of Golf Rd. at 3:51 a.m. A vehicle and semi-tractor trailer collided. The semi turned over. Two people were critically injured and taken to Evanston Hospital.

Car-Accident2

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident on IL Rte. 21 at Lake St. in Libertyville, IL

There was an auto accident in Libertyville, IL, on November 16, 2016. The accident occurred on IL Rte. 21 northbound at Lake St.

vehicle-accidents

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident on Butterfield Rd. at Rte. 60 in Vernon Hills, IL

There was an auto accident in Vernon Hills, IL, on November 16, 2016. The accident occurred on Butterfield Rd. at Rte. 60.

Head-On

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident at U.S. Hwy. 45 and Rte. 120 in Grayslake, IL

There was an auto accident in Grayslake, IL, on November 16, 2016. The accident occurred at U.S. Hwy. 45 and Rte. 120.

slide2

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident on U.S. Hwy. 41 and Stearns School Rd. in Gurnee, IL

There was an auto accident in Gurnee, IL, on November 15, 2016. The accident occurred on U.S. Hwy. 41 southbound at Stearns School Rd.

1

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident at U.S. Hwy. 41 and Lake Cook Rd. in Highland Park, IL

There was an auto accident in Highland Park, IL, on November 15, 2016. The accident occurred at U.S. Hwy. 41 northbound, north of Lake Cook Rd.

 Head-On

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Auto Accident at Lewis Ave. and Sunset Ave. in Waukegan, IL

There was an auto accident in Waukegan, IL, on November 15, 2016. The accident occurred at Lewis Ave., north of Sunset Ave.

slider_2

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.

 

Hit and Run Accidents and Personal Injury Claims

Hit and run is considered a serious crime in all US states and may result either in criminal or civil liability. According to the U.S. National Highway Traffic Safety Administration, about 11 percent of all auto accidents are hit and run, among which 4 percent result in a fatality. There are several reasons why drivers flee the accident scene, including:

  • The driver didn’t have a valid driver’s license
  • The driver simply panicked
  • The driver was driving under the influence or was intoxicated
  • The driver was not driving their own car (may be a friend’s or employer’s car)
  • The driver was carrying illegal drugs or firearm
  • The accident caused a serious injury, and the driver fled to avoid being prosecuted

Making a Hit and Run Personal Injury Claim

Most people think that they cannot file a personal injury claim after a hit and run accident because the other driver is missing. In such a case when the at-fault driver is unknown and unidentified, you have the option to make a claim on your own insurance policy. If you are a resident of a no-fault state, this is how you recover for your damages even in a typical auto accident. In other cases, you can make a claim against your own uninsured motorist coverage (UIM). Most people opt for this coverage with their automotive insurance policy. If you have a full coverage insurance, you can establish a claim to cover the damages you sustained in a hit and run accident.

Making the Claim

The process of filing a hit and run claim against your UIM coverage is similar to other types of claims where the at-fault driver is known. The injured party should document the case by calling the police to the scene. If there are any witnesses, take their contact information. It is important that you seek medical attention right away, which will allow you to get a medical record of your injuries.
The insurance company requires the claimant to produce original documentation with details regarding the accident, including medical bills, medical records, and police reports. You may also be required to give employment records to get compensation for lost work.

The Role of a Personal Injury Attorney

Mostly, insurance companies try to offer a low settlement value for a claim. To overcome such a situation, you should get a reliable personal injury lawyer who will gather information about the claim and draft a demand letter for the right settlement amount. The insurance company may reevaluate your case and offer fair compensation based on the lost wages, medical expenses, pain and suffering, and other damages.
Due to the complex nature of hit and run cases, there is a chance that the insurance may deny your coverage. In such a situation, your personal injury attorney may advice you to take the case to trial, and help take the next steps to win the litigation.

1

Trusting your insurance company to fairly compensate you for the damages in hit and run accident claims is a mistake. You should have an experienced personal injury attorney by your side to provide you with proper legal guidance. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 today to schedule your initial consultation.

Auto Accident on IL Rte. 21 and Gages Lake Rd. in Gurnee, IL

There was an auto accident in Gurnee, IL, on November 10, 2016. The accident occurred on IL Rte. 21 southbound at Gages Lake Rd.

leading lawyer for car crashes in all of lake county

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch. Contact us today for a free consultation.

 

The Law Offices of Robert T. Edens, P.C.