Being involved in a car accident is stressful. However, it can be even more stressful when it involves a rental car since it’s not your vehicle, and you may worry about the repercussions. Oftentimes, victims wonder who is responsible for a rental car accident and are unsure of how to proceed. However, understanding what steps to take after this type of auto accident is crucial to maximizing your chances of recovering monetary compensation for your damages. Keep reading to learn who may be held liable for a rental car accident. In addition, contact an experienced Bronx Car Accident Lawyer who can help you understand your legal options.
What should I do if I’m involved in a rental car accident?
Following a rental car accident, call 911 to seek immediate medical attention. If you do not need medical assistance, contact the police to report the accident. Depending on the severity of the collision, the police may not be dispatched to your location. When this is the case, it is imperative to exchange contact information with the other driver involved in the accident.
From here, if you are physically able to do so, you should collect evidence at the scene of the accident. Gathering evidence can help you corroborate your claim. This includes capturing pictures of the accident scene and your injuries as well as collecting contact information from witnesses. These steps will help you satisfy the burden of proof, meaning they will help you prove the other party’s negligence directly caused your injuries. After collecting evidence, you need to contact the rental company. Since the car is not yours, the rental company will advise you on what to do. Additionally, you will have to report the rental car accident to your own insurance company.
Who can be held liable for damages?
Many people often wonder whether they can pursue legal action against the rental company that rented them the vehicle. According to the Graves Amendment which was signed into law in 2005, renters cannot take legal action against the rental company for their injuries if they were caused by a negligent driver. The only exception to the Grave Amendment is if you can prove that the accident was caused by the rental company’s negligence. For example, if the accident was caused due to a lack of maintenance or mechanical issues left unattended, the rental company can be held liable as they are responsible for servicing their vehicles regularly.
If another motorist was at fault, they will be liable for damages. The same applies if you were partially or fully responsible for the accident, you can be held liable for damages. New York is a pure comparative negligence state. Therefore, you can recover monetary compensation for your damages unless you are 100% at fault for the accident.
If you have been injured in a rental car accident, contact a determined Bronx car accident lawyer from James Newman, P.C. Our firm is prepared to help you navigate your legal options.
