A rental car accident can turn a relaxing vacation into a stressful nightmare. Victims of these accidents often face painful injuries, damage to property they don’t own, costly medical bills, and confusing insurance questions. Under Illinois law, you may be entitled to compensation, but you must understand how insurance and liability work in rental car accidents to protect your rights.
Understanding Insurance in Illinois Rental Car Accidents
Illinois follows an at-fault insurance system, which means the driver who caused the crash must pay for the damages that result. When the accident involves a rental car, several insurance policies can overlap:
- Your Personal Auto Police: If you carry liability or collision coverage, your insurance may cover a rental vehicle.
- The Rental Company’s Insurance: Rental agencies usually offer optional protection, such as a Loss Damage Waiver or Supplemental liability insurance.
- Credit Card Coverage: Many credit cards offer secondary coverage if you use the card to rent a car.
- The Other Driver’s Insurance: If another driver caused the accident, their insurance may cover your medical bills, lost wages, property damage, and pain and suffering.
Determining how to proceed after a rental car accident can feel overwhelming. An experienced rental car accident attorney can review these policies and guide you toward maximizing your recovery.
Potentially Liable Parties in Illinois Rental Car Accidents
Several people or companies may share responsibility after a car accident:
- Another Driver: When another driver acts carelessly or recklessly and causes you harm or damages your vehicle, they may bear sole responsibility for the accident.
- The Rental Car Company: Rental car companies may be held liable when they rent out a poorly maintained vehicle or fail to repair a known defect.
- A Vehicle Manufacturer: If a mechanical defect or design flaw caused the crash, the vehicle’s manufacturer may be responsible for your injuries.
Illinois follows a comparative negligence system for car accidents, which means you can still recover compensation if you were partially responsible for the crash, provided your percentage of fault is less than 50%. However, your recovery will be reduced in proportion to your percentage of fault.
What To Do After a Rental Car Accident
Protecting your rights after a rental car accident requires fast, deliberate action. Here’s what to do:
- Call 911: Report the crash to law enforcement as soon as possible. The responding officer will create an accident report containing key details your lawyer can use to build a strong case for compensation.
- Document the Scene: Take photos and videos of vehicle damage, traffic signs and signals, accident debris, skid marks, road and weather conditions, and visible injuries.
- Seek Prompt Medical Attention: Protect your health by seeing a healthcare provider right away. Your medical records will provide vital evidence linking your injuries directly to the accident.
- Notify the Rental Company: Avoid violating your rental agreement and compromising your claim. Inform the rental company right away.
- Contact a Rental Car Accident Attorney: Before speaking to the other driver’s insurer, seek legal counsel. Your lawyer will guide you through the process of pursuing your claim and help you protect your rights.
How a Rental Car Attorney Can Help
It’s your legal right to pursue compensation after a rental car accident caused by someone else harms you, but you’ll need skilled legal guidance to recover what you deserve. Your lawyer can help by:
- Providing a free initial consultation
- Identifying every available insurance policy and seeking full coverage of your losses
- Investigating the accident and gathering evidence
- Handling all insurance company communications
- Negotiating a fair settlement
- Representing you in court if necessary
A rental car accident attorney can be particularly useful if you live out of state. Your lawyer can advocate for your best interests here in Illinois, so you don’t have to worry about traveling back and forth to pursue your claim.
Contact a Rental Car Attorney Today
If you’ve suffered injuries in a rental car accident caused by someone else’s negligence, the team at Bartholomew, Shevlin & Flack, LLP, can help. We’ll fight for your right to fair compensation while you focus on recovery. Contact our law firm today for your free consultation.