Typically, if you are injured in a rental car accident, you are responsible for filing your own personal injury claim. Illinois is an at-fault state with a modified comparative negligence system, meaning an injured party may seek compensation from the at-fault party as long as they are not more than 50% responsible for the accident. Rental car companies are generally only responsible for their assets, which can include their property interest in the vehicle and any damage to the vehicle.
Rental companies provide the vehicle and are not a participant in your injury or physical recovery unless rare exceptions apply. Typically, this comes into play in cases where the negligent party was driving the rental car, not the injured party.
Rare Exceptions In Which The Rental Company Gets Involved:
A rental car company may become involved in a personal injury case if its own negligence played a role in causing the accident. Examples include:
- Mechanical failures or negligent maintenance to the vehicle
- Renting a vehicle to someone they knew was unfit to operate it, such as:
- A person with an invalid driver’s license
- An underage driver
- An intoxicated driver
- Someone who lacks the cognitive ability to drive.
- The rental company is required to inspect drivers licenses, compare signatures, and verify the photo. If the rental company skips these steps, they face liability for your injuries.
- Situations where there was no contract between the renter and driver, such as an under-the-counter exchange
While these situations are rare, they may support a viable claim for liability against the rental company.
Common Actions For The Rental Company
Rental companies will not assist you in your injuries; however, they will take steps to protect their assets related to the vehicle. This may include billing you for “loss of use,” meaning the revenue lost while the vehicle is being repaired.
They may open a property damage claim with the at-fault driver’s insurance company. The at-fault insurer may delay or refuse to pay until the investigation is fully complete. If this happens, they may pursue your insurance next, and you will be responsible for paying your policy deductible.
Your insurance company may then start a subrogation, meaning, they will fight these charges to win back their money and your deductible. If this is successful, they will refund that deductible back to you. It can be difficult to understand how the claims process works, which is why it is important to contact a personal injury attorney who can help.
What Should You Do After A Rental Car Accident?
- File a police report. This will ensure there is an official record of the incident and establish that you were not at fault.
- Go to urgent care or an emergency room. No matter how small the injury, this will link medical documentation to the accident.
- Notify both the rental company and your auto insurer about the incident.
- Consult with a personal injury attorney.
How The Illinois Hammer Can Help
At the Illinois Hammer, we are experienced rental car accident attorneys, with decades of knowledge and experience in Illinois-specific law. When insurance companies try to confuse you with complicated claim procedures and legalese, our attorneys will explain every step of the process in plain language so you can focus on getting better. Our attorneys can help maximize the compensation you receive and find evidence that may be overlooked.
The Illinois Hammer has 30 years of experience handling personal injury cases and is committed to fighting for the compensation our clients deserve. Visit here for a free legal consultation and use our case calculator to find out what your case may be worth. Our attorneys provide personal guidance, making the process of you receiving your settlement easy, and simple to navigate.
If you’ve been injured in a rental car accident, contact The Illinois Hammer here or call (888-4-HAMMER) to get a team that knows how to win on your side.
