EXPERIENCED PERSONAL INJURY ATTORNEYS
Rental Car Accident Lawyers in Illinois
Illinois Personal Injury Lawyers for Victims Injured in a Crash with a Rental Car
Car accidents are stressful enough, but when they involve a rental car, the situation becomes even more complicated. From dealing with rental agreements to determining liability and understanding insurance coverage, rental car accidents require special attention to protect your rights and finances. At John J. Malm & Associates, our award-winning team of six attorneys brings over 90 years of combined experience to car accident claims. With offices in Naperville and St. Charles, we work hard to serve clients throughout Illinois after an accident involving a rental car.
What Makes Rental Car Accidents Unique?
Rental car accidents are distinct from standard car accidents because they involve additional parties, such as rental car companies, credit card issuers, and third-party insurers. Determining fault and understanding how coverage applies can be overwhelming. Here’s why rental car accidents require extra care:
- Additional Contracts: Rental agreements often include specific terms regarding liability and coverage.
- Multiple Coverage Sources: Liability may fall under personal auto insurance, rental company insurance, or credit card benefits.
- Potential Extra Fees: Rental companies may charge for “loss of use,” administrative fees, or diminished value of the rental car.
Steps to Take After a Rental Car Accident
If you’re involved in a rental car accident, follow these steps to protect your legal and financial interests:
1. Ensure Safety
- Check for injuries and call 911 if necessary. Safety always comes first.
- Move vehicles to a safe location, if possible.
2. Document the Scene
- Take photos of the damage, license plates, and surrounding area.
- Collect contact information from all parties involved, including witnesses.
3. Notify the Police
- File a police report, even for minor accidents. This official documentation will be critical for insurance and legal purposes. The rental car company will also want a copy of an accident report.
4. Inform the Rental Car Company
- Report the accident to the rental company immediately, as required by most rental agreements.
5. Contact Your Insurance Provider
- Notify your personal insurance company, as many policies extend coverage to rental cars.
6. Avoid Admitting Fault
- Do not apologize or admit fault, as this could be used against you later.
7. Contact an Illinois Car Accident Attorney
- Consult with an acclaimed car crash lawyer to review your rights and protect your personal injury claim.
Should I Opt for the Rental Car Company Insurance or Use My Own?
Deciding whether to purchase insurance from the rental car company or rely on your personal auto policy depends on several factors:
When You Should Use Your Own Insurance:
- Adequate Coverage: If your personal auto insurance includes collision, liability, and comprehensive coverage that extends to rental cars, you may not need additional insurance.
- Cost Savings: Using your own insurance can save you the daily fees charged by rental car companies for coverage.
When You Should Opt for Rental Car Insurance:
- Limited Personal Coverage: If your personal policy doesn’t cover rental cars, the rental company’s insurance is essential.
- Avoiding Claims on Your Policy: Purchasing rental car insurance can help you avoid potential premium increases if you file a claim.
- Peace of Mind: If you’re unsure about your coverage or want an extra layer of protection, the rental company’s insurance can provide reassurance.
Credit Card Coverage:
Many credit cards offer secondary coverage for rental cars, but it typically applies only after your personal insurance is exhausted. Be sure to review your credit card’s benefits before declining the rental company’s insurance.
Who is Liable for a Rental Car Accident?
Liability in a rental car accident depends on the circumstances, including who caused the accident and the insurance coverage in place. Common scenarios include:
1. Driver Negligence
If you caused the accident, your personal insurance or the rental car insurance you purchased will typically cover damages.
2. Rental Company Negligence
Rental companies can be held liable if the vehicle was unsafe due to poor maintenance, or they rented the vehicle to someone who was not qualified to rent a car. While the federal Graves Amendment shields rental companies from some liability, exceptions exist for negligence.
3. Third-Party Negligence
If another driver caused the accident, their liability insurance should cover damages. However, disputes over fault or coverage limits may complicate the claim, especially if the at-fault driver was driving a rental vehicle.
Insurance Coverage in Rental Car Accidents
Rental car accidents often involve multiple layers of insurance. Here’s a breakdown of the common coverage options:
1. Personal Auto Insurance
Most personal auto insurance policies extend to rental cars. Check your policy to confirm liability, collision, and comprehensive coverage.
2. Rental Car Insurance
Rental companies offer additional products like:
- Collision Damage Waiver (CDW): Covers damage to the rental vehicle.
- Supplemental Liability Insurance (SLI): Provides additional liability coverage.
- Personal Accident Insurance (PAI): Covers medical expenses for injuries.
3. Credit Card Benefits
If you paid for the rental with a credit card, it may offer secondary coverage. Be sure to review the card’s terms for eligibility and exclusions.
4. Third-Party Insurance
If another driver caused the accident, their insurance should cover your damages.
Challenges in Rental Car Accident Claims
Rental car accidents can be more complicated than standard car accidents. Common challenges include:
- Disputes Over Fault: Establishing fault can be contentious, especially when multiple parties are involved.
- Coverage Gaps: Some insurance policies exclude rental cars, leaving drivers vulnerable.
- Extra Fees: Rental companies may charge for loss of use or administrative costs, which can be disputed.
- Coordination of Benefits: Navigating claims with personal insurance, rental company insurance, and credit card coverage can be overwhelming.
How John J. Malm & Associates Can Help with your Illinois Rental Car Crash Case
At John J. Malm & Associates, we have over 90 years of combined experience handling complex car accident cases, including those involving rental cars. With offices in Naperville and St. Charles, our award-winning team is here to help you:
- Investigate the accident to determine liability.
- Communicate with insurance companies and rental car providers on your behalf.
- Ensure you are not unfairly charged for damages or fees.
- Pursue fair compensation for medical expenses, lost wages, and pain and suffering.
Case Highlight: Resolving a Rental Car Dispute
Our client was driving a rental car when another driver ran a red light, causing a severe collision. Although our client had purchased a collision damage waiver from the rental company, they faced challenges in recovering compensation for their medical expenses.
Our team at John J. Malm & Associates:
- Collected evidence to establish fault.
- Negotiated directly with the at-fault driver’s insurance company.
- Disputed additional charges from the rental company.
- Secured a settlement that fully compensated the client for their losses.
Contact the Award-Winning Illinois Rental Car Accident Lawyers at John J. Malm & Associates
Rental car accidents are inherently complex, involving multiple parties, insurance policies, and legal considerations. Whether dealing with disputes over fault, navigating coverage gaps, or contesting extra fees, having an experienced legal team by your side makes all the difference.
“At John J. Malm & Associates, we understand how overwhelming rental car accidents can be,” says Naperville car accident attorney John J. Malm. “With decades of experience and a deep commitment to our clients, we work tirelessly to ensure you receive the compensation you deserve while simplifying the entire process. Let us handle the complexities so you can focus on recovery.”
If you’ve been involved in a rental car accident, contact John J. Malm & Associates today for a free consultation. Let us fight for your rights and help you move forward with confidence.