Bringing an Injury Claim Against Someone Driving a Rental Car: What You Need to Know

Car accidents involving rental cars add a layer of complexity to personal injury claims. While you might expect that the driver is responsible for damages caused in the accident, the involvement of a rental car company can complicate the process. In Louisiana, there are specific legal frameworks that come into play when a person is driving a rental car. These laws determine the responsibility of both the rental car company and the driver.

In this blog post, we’ll explore how you can bring an injury claim against someone driving a rental car, the rental car company’s role in verifying insurance coverage, and what happens if the driver does not have enough insurance to cover your damages. Understanding these dynamics will help you navigate the legal process more effectively, and if you need help, Big River Trial Attorneys in Baton Rouge, Louisiana, are here to guide you through every step of the way.

The Role of the Rental Car Company in Verifying Insurance Coverage

When someone rents a vehicle from a rental car company, that company is responsible for ensuring that the driver has proper insurance coverage. Under Louisiana law, rental car companies are required to verify that the individual renting the vehicle either has their own personal automobile insurance or chooses to purchase coverage provided by the rental company.

If the renter has personal auto insurance, it typically extends to the rental vehicle. However, if the renter does not have insurance or opts out of purchasing additional coverage, the rental car company may become responsible for providing coverage in the event of an accident.

Rental Car Company’s Failure to Verify Insurance

In some cases, rental car companies fail to adequately verify whether the person renting their car has personal automobile insurance. When this occurs, the rental car company can be held primarily responsible for covering the damages caused by the driver in an accident. This failure to verify insurance may expose the rental company to liability for your injuries, especially if the renter was underinsured or uninsured.

For this reason, if you are involved in an accident with a driver of a rental car, it’s essential to determine whether the rental car company properly verified the driver’s insurance coverage. A skilled personal injury attorney can help investigate this issue and ensure that the rental car company is held accountable if they failed in their duty.

Who Pays for Damages in an Accident Involving a Rental Car?

When you’ve been injured in an accident with someone driving a rental car, the question of who is responsible for paying damages depends on several factors, including the driver’s insurance status, the rental company’s policies, and the specifics of the accident.

Here’s a breakdown of how responsibility may be assigned:

1. The Renter’s Personal Auto Insurance

If the driver of the rental car has personal auto insurance, their insurance policy will generally cover damages, just as it would if the driver were in their own vehicle. The coverage provided by the renter’s personal insurance may include liability coverage for injuries and property damage, as well as uninsured/underinsured motorist coverage (UM/UIM), depending on their policy.

However, problems can arise if the renter’s insurance policy limits are too low to cover the full extent of your damages, especially if you’ve sustained significant injuries. In such cases, you may need to explore other avenues to recover the compensation you deserve.

2. The Rental Car Company’s Insurance

If the renter purchased additional coverage through the rental car company, this insurance can be used to pay for your damages. Rental car companies often offer supplemental liability insurance (SLI), which can provide higher coverage limits than the renter’s personal insurance.

However, if the renter declined this additional coverage, and their personal insurance is insufficient, the rental company’s responsibility may come into play, particularly if they did not verify the renter’s insurance coverage properly.

3. What Happens if the Renter Is Uninsured or Underinsured?

If the person driving the rental car does not have enough insurance to cover your damages, it’s essential to understand your options.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

If the renter is uninsured or underinsured, your own uninsured/underinsured motorist coverage (UM/UIM) may be an option. In Louisiana, UM/UIM coverage is available to protect individuals injured in accidents where the at-fault driver either doesn’t have insurance or doesn’t have sufficient coverage to pay for your injuries.

UM/UIM coverage is designed to fill the gap between the at-fault driver’s insurance limits and your actual damages. If you carry UM/UIM insurance, it can provide significant protection in cases involving rental car accidents.

Rental Car Company’s Liability

If the rental car company failed to verify that the driver had insurance, they may be held liable for your injuries. In cases where the renter is underinsured or uninsured, and the rental company did not take adequate steps to ensure coverage, the company itself may be responsible for compensating you.

This could result in the rental company’s insurance policy being used to cover your medical bills, lost wages, pain and suffering, and other damages.

What to Do If You’re Injured in a Rental Car Accident

If you’ve been injured in an accident involving someone driving a rental car, it’s critical to take immediate steps to protect your legal rights. Here’s what you should do:

1. Seek Medical Attention: Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries may not be immediately apparent and could worsen over time.
2. Document the Accident: Gather as much evidence as possible, including photos of the accident scene, witness statements, and the rental car driver’s contact and insurance information.
3. Contact an Experienced Attorney: Bringing a claim against someone driving a rental car can be complex, especially if there are issues with the driver’s insurance or the rental company’s responsibility. An experienced personal injury attorney can help investigate the accident, determine liability, and pursue compensation from all responsible parties.

At Big River Trial Attorneys in Baton Rouge, Louisiana, we have extensive experience handling cases involving rental car accidents. Our team will work diligently to ensure that you receive the compensation you deserve, whether that’s from the renter’s insurance, the rental car company, or your own UM/UIM coverage.

Conclusion

Accidents involving rental cars introduce a range of complications that can make it difficult to determine who is responsible for covering your damages. Whether it’s the driver’s personal insurance, the rental car company’s coverage, or even your own insurance, knowing the various avenues for recovering compensation is key to receiving fair compensation.

At Big River Trial Attorneys, we understand the challenges that come with navigating the legal process in rental car accident cases. If you’ve been injured by someone driving a rental car, contact us today for a free consultation. We’ll review your case, investigate the facts, and help you pursue the compensation you need to recover and move forward with your life.