The Law Offices of Matthew J. Quinlan represents car accident victims in San Francisco. With so many people trying to get around the city, there’s always the chance that you’ll be in a car accident. In some of these situations, you might be involved with a rental car, which can bring up questions. Our experienced lawyers can help you navigate these complexities. For more information about your options, contact us today for a free consultation.

Do You Need a Lawyer?

No one wants to be involved in a car accident, whether driving a rental car or facing one. However, this is a common situation in San Francisco, given the high number of people, visitors and tourists. So, when you’re in a rental car accident, you might be wondering if you need a lawyer. Basically, like any other car accident, it depends on your situation.

If your accident or injuries are minor, legal action may not be necessary. However, accidents involving rental cars can be more complicated, especially when injuries are involved. We have the experience and resources you need to guide you through the process. We can:

• Investigate what happened
• Figure out who’s responsible and how liable the rental car company is
• Help you gather evidence and records
• Negotiate with insurance companies
• File a lawsuit and represent you in court, if necessary
  
  

Overall, we want to make the process easier for you. Dealing with injuries on top of everything else in a car accident claim can be overwhelming, so when you decide to work with our team, you can focus on getting better.

Can You Recover Damages After a Rental Car Accident?

The good news, at least relatively speaking, after a rental car accident is that you still have the legal right to file an injury claim–so long as it was caused by someone else’s negligence. Before you can figure out who’s ultimately responsible, it’s important to realize that a rental car accident is, at its core, the same as any other type of car accident under the law.

This means that you can file either an insurance claim or a lawsuit to recover legal damages for your injuries and other losses. Whichever option you choose, you can potentially recover things like:

• Medical bills and costs – This includes all costs for medical care needed because of the accident. It covers emergency room visits, hospital stays, surgeries, medications, physical therapy, and any necessary medical equipment or home changes.
  

• Property damage – You can get money to cover the expenses of fixing your car or buying a new one if it’s totaled. This also includes towing fees, rental car costs during the repair period, and other related expenses. 

• Lost income – If you miss work due to the accident, you can claim the income you lost. If your injuries affect your ability to work in the future, you can seek financial support for lost future wages.

• Pain and suffering – This covers the physical pain and discomfort you experience because of the accident, including any long-term pain or physical limitations.

• Emotional distress – Accidents can cause significant psychological impacts. Financial support for emotional distress includes the mental anguish, anxiety, depression, and other emotional suffering resulting from the accident.

• Loss of enjoyment of life or companionship – If your injuries prevent you from enjoying life or maintaining relationships as before, you can seek damages for this loss. This includes loss of companionship, which affects personal relationships and social activities.

• Wrongful death expenses – If the accident results in a death, the deceased’s family can claim financial support for funeral and burial expenses, loss of financial support, and the emotional suffering due to their loved one’s death.
  
  

Filing an injury claim is a key part of your recovery. It allows you to get financial support for the damages you’ve suffered. However, you must act quickly. California law gives you two years to file an injury claim after a car accident. If you miss this deadline, you lose the right to recover damages.

Who Pays For Your Damages in a Rental Car Accident?

The biggest question you probably have after a rental car accident involves who is going to have to pay for your damages. A rental car accident is not much different from a regular car accident. The primary question is who is liable for your injuries and other damages. The answer depends on who acted negligently and caused the accident. Generally, liability can fall on: 

• The driver of the rental car
• The rental car company
• A third driver
• Pedestrians
• Passengers
• Car or parts makers
• Local or state government or agency in charge of road maintenance

Comparative negligence in a rental car

If you’re the one driving the rental car, your rights and options remain the same. This is known as “comparative negligence.” You can still file an injury claim, but your potential recovery will be reduced by your degree of fault in the accident. 

The rental company may offer additional liability insurance, but this won’t protect you if you drive recklessly or violate the rental agreement terms.

The main factor in determining liability is negligence. This not only influences the course of your potential claim but also affects the outcome.

What Can You Do to Protect Your Claim After a Rental Car Accident?

Being in a rental car accident–or any car accident–isn’t what you want to happen. But the fact remains that when you’re in one, you’re going to have to take steps to gather important information to protect your potential claim. Here’s what you’ll need to do:

• Get medical help – Immediately check for injuries and dial 911 if needed. This should prompt an ambulance. Once emergency medical technicians (EMTs) arrive, get care from them. If you’re able, you should go to a hospital to get assessed further.
• Report the accident to police and rental company – Report the accident to the SFPD so they can respond and manage the scene. They will collect necessary information. Additionally, if you’re the one driving the rental car, it’s very important to tell the rental company about the accident. They should provide further instructions.

• Collect pertinent information – Get names, contact details, and insurance information from all parties involved, including information about the rental car and company. Also, gather contact information from any witnesses that saw the accident.

• Document the accident site – Take photos or videos of the accident site, capturing damage, road conditions, and any injuries.

• Be careful with statements – Don’t discuss the incident with insurance companies without consulting our team first. Similarly, avoid posting about it on social media.
  
  

Obviously, every accident is different. So, sometimes you might not be able to take some of these steps. Still, it’s crucial information you’re going to need for your claim, so you need to try your best to do what you can to do these things. We can help, but it’s also important to remember that the rental car company is also going to be involved.

Involvement of the Rental Car Company

Your options don’t change much based on the rental car company involved in your accident. However, each company has its own process for handling accidents. This is true for major rental car companies like:

• Enterprise
• Budget
• Hertz
• Avis
• Sixt
• Dollar
• Alamo

Regardless of the company, they generally have their own process when there’s an accident with one of their vehicles. THis means that they will probably take steps that involve the following:

• Maintaining detailed records on the driver, insurance, and vehicle, which serve as crucial evidence.
• Checking their vehicles’ conditions to ensure they are in proper working order.
• Regardless of whether the renter opts for additional insurance, the rental company’s insurance will handle the claims process if the company is responsible.

Remember, the rental car company might not be totally liable for the accident. Regardless, they will be involved if one of their vehicles is in an accident. This can be complex, but our team is here to support your claim and help you through the process while standing up for your rights.

Free Consultations with Experienced San Francisco Rental Car Accident Lawyers

At MJQ Law, we understand how complex rental car accidents can be. With multiple insurance companies involved, there can be disputes about covering your injuries and damages, leaving you with less than you deserve.

Don’t let that happen. Our team of San Francisco rental car accident lawyers is here to make sure you get the financial and legal support you need. Contact us today for your free consultation.