What You Need to Know About Suing After a Rental Car or Truck Accident
1. The Vehicle May be “Owned” by the Person Who Rented It
A rental vehicle may be considered “owned” by a lessee (a person who rented it under a lease agreement) if the lease term is at least 6 months. Otherwise, the rental company is liable as the owner. This is important because most rental companies have multimillion-dollar insurance policies, and the driver’s policy may only provide a limit of $250,000.
2. State Law May Limit the Amount of Money You Can Get
The liability of a rental company may be limited by state statute. If so, the amount recoverable from the rental company for the rental car accident may be capped at an amount provided for by state law. This cap on the rental company’s liability may not apply if the accident occurs in a state other than the state where the vehicle was rented.
3. You May Have to Sue a Family Member to Get Compensation
If you were a passenger in the rented car or truck, you may have claims against the driver and company. To get compensated by the driver’s insurance company, you may have to sue the driver, even if the driver is a spouse, parent or child. These situations are always difficult, and our lawyers are experienced in handling them.
4. You May Have a Product Liability Claim
If defective brakes, power steering, ignition, tires, or other parts caused (even in part) the accident, you may have claims against the rental company, any other company that serviced the vehicle and/or the manufacturer of the defective part. These are called product liability claims.
5. The Lawyer You Choose Matters
We were recently contacted by a criminal law attorney who took a personal injury case because he thought is would be easy. It wasn’t. He searched the Web for the best lawyers with the exact experience he needed, and he found us. We took the case and quickly won hundreds of thousands of dollars for his client. The moral of this story is that the lawyer you choose matters.