If you sustained injuries in a rental car accident in Houston, you may have an opportunity to recover damages. The success of your personal injury case can depend on many factors, including the ability to prove negligence and collect relevant evidence.
Rental car accident claims are often complicated since there could be issues with identifying liable parties. An experienced motor vehicle accident attorney could help with all aspects of such a case and assist with negotiating for a fair settlement.
Liability in Rental Car Accident Cases
Since rental car drivers are not owners of the vehicle, there may be complications with identifying which insurance is responsible for covering damages. The common liable parties we often see in rental car crashes in Houston are:
- Rental Car Driver: If the driver acted negligently (e.g., exceeded the speed limit, ran a red light, they may be held responsible for damages.
- Another Motorist: In some situations, another driver’s negligence may have caused the accident. If this is the case, their insurance company may cover the damages.
- Rental Car Company: Rental companies may bear liability if the accident stemmed from poor vehicle maintenance.
- Vehicle Manufacturer: If the accident was caused by a defective part, such as a malfunctioning steering system, the manufacturer may be held accountable.
When it comes to rental car accidents, multiple insurance policies may come into play. They can include the driver’s personal auto insurance, the rental company’s coverage, or additional coverage purchased at the time of rental. Determining which policy applies requires careful legal analysis.
Damages in Rental Car Crashes
Once the injured person and their legal team identify who is liable for the rental car accident, they can file a claim. To receive compensation, the injured party must provide evidence that they suffered damages.
Economic Damages
Economic damages represent the tangible financial losses caused by a rental car collision in Houston. These can include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
Victims may also recover compensation for property damage, including vehicle repair or replacement.
Non-Economic Damages
Non-economic damages cover the intangible impact of an accident. The goal is to help the injured person deal with the reduction of quality of life related to the crash, including PTSD, emotional distress, and disability.
The injured party has the right to receive compensation for past, present, and future damages related to the accident. Accordingly, if the person sustains a TBI and requires months-long treatment, the at-fault party must cover the relevant expenses.
Statute of Limitations
In Texas, injured parties have only two years from the date of the rental car accident to file a personal injury lawsuit. Any legal action taken after the deadline is not likely to bring any results. Victims who sustained serious injuries must seek legal counsel as soon as their condition stabilizes. Otherwise, it may be possible to lose the chance to file for compensation.
Consult a Houston Attorney About Filing a Claim for Rental Car Accidents
Rental car accidents in Houston require a close investigation to identify liable parties and file correct claims. An injured person usually lacks the local legal experience to take the right steps and receive fair compensation. At Schechter, Shaffer & Harris, LLP, we help our clients navigate injury cases that involve rental vehicles. Call us to discuss your situation today. The consultation is free!