Rental Car Accidents
Experienced Motor Vehicle Collision Lawyers Helping Victims in Schaumburg and Wheaton
People renting cars do not expect to get into an accident, but it is always a possibility. If you or someone close to you was injured in a car accident that was caused by someone driving a rental car, you need to reach out to a knowledgeable Schaumburg or Wheaton car accident lawyer as soon as possible. We can also help if you were the person driving the rental car at the time of the crash. Rental car accident claims are typically complicated because the rental car company and its insurance gets involved. However, with decades of combined experience, we understand how to navigate these claims.
Your Options Following a Rental Car Accident
Since there is always a chance of an accident involving a rental car, all rental companies offer supplemental insurance. Under Illinois law, customers are not forced to buy supplemental insurance when renting a car, even though it may be advisable to do so. However, customers may have their own insurance policies that may cover their rental cars as well.
Generally speaking, an individual who causes an accident in a rental car that only has liability insurance will be required to see if their personal insurance will cover the damages. Under Illinois law, rental car companies must carry liability coverage, but there is no similar rule for comprehensive or collision insurance. In most cases, renters must buy additional insurance or a collision waiver when renting the car. If the driver purchased this insurance, they will simply file a claim as they would through their own insurance. The rental company would handle the rest. In other cases, if the driver has personal collision or comprehensive insurance, it may cover the accident. If the driver has no such insurance, he or she may be personally liable.
In Illinois, rental car companies are typically not accountable for accidents involving rented vehicles. This is because clients who rent cars are not considered agents or employees of the rental car companies. There are certain exceptions, however, in which rental car companies may be liable for injuries or death resulting from collisions involving their vehicles. For instance, Illinois law requires rental car companies to verify that customers renting a vehicle have a valid driver’s license. If the rental company fails to check this, and the driver gets into a crash in the rental car, the company may be liable for the collision. There are other similar exceptions as well, and your attorney can help you determine if any apply in your case.
If someone in a rental vehicle has injured you in an accident, you can file a third-party claim with the rental company’s insurance company. If the driver who caused the accident does not own a car or have any auto insurance, you will need to go to the rental company. This can be problematic if your injuries are serious, since these companies typically only carry small liability policies. Your injuries could exceed the policy limits. In such a scenario, in which the driver’s insurance company is not an option, and the rental company’s insurance is not enough, you may be able to sue the driver personally for negligence. Negligence takes place when a driver causes injuries or death by failing to use the level of care and caution that a reasonably prudent driver would have used behind the wheel in the same or similar circumstances. For example, if a driver caused an accident due to excessive speeding, that driver would likely be liable for negligence because a reasonably prudent driver would not excessively speed, understanding the risk of accidents associated with such behavior.
Seek Advocacy from a Knowledgeable Attorney Following a Wheaton or Schaumburg Crash
If you have suffered serious injuries or lost a loved one in an accident involving a rental vehicle, you need to reach out to a skilled accident lawyer who can help. At Therman Law Offices, we understand how to navigate complex cases involving rental cars. You can trust that we will fight hard for the compensation that you need to deal with your injuries and move on with your life. We proudly represent people in areas such as Schaumburg, Wheaton, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, Roselle, and Carol Stream. For a free case evaluation, do not hesitate to call us at 312-588-1900 or reach us through our website