Rental car accidents can become difficult quickly because the claim may involve both the crash itself and the contract behind the vehicle. There may be questions about who rented the vehicle, who was allowed to drive it, what coverage was purchased at the counter, and which insurer must respond first.
Contact a car accident lawyer in Chicago today to pursue financial compensation.
Call our firm at (312) 701-0090.
Who Pays After a Rental Car Accident?
Payment for damages after a rental car accident depends on who caused the crash, what coverage is in place, and what the rental agreement says. Unlike a typical accident, multiple layers of coverage may apply at the same time.
If Another Driver Caused the Crash
When another driver is at fault, their liability insurance is typically the first source of recovery. A claim may be made against that driver for:
- Medical expenses.
- Lost income.
- Vehicle damage.
However, if that driver does not have enough coverage, additional policies may come into play.
If You Were Driving the Rental Car
If the person driving the rental car is at fault, responsibility often depends on the coverage available at the time of the rental. This may include:
- A personal auto insurance policy.
- Optional coverage purchased through the rental company.
- Credit card benefits tied to the rental.
These policies may overlap, and determining which applies first can become complicated.
Rental Car Liability Under Illinois Law
Illinois law addresses rental car liability through the Renter’s Financial Responsibility and Protection Act. This law outlines how responsibility is handled between the renter and the rental company. Key points include:
- The renter may be financially responsible for damage to the rental vehicle unless protection is in place.
- Rental companies can offer a damage waiver, which limits or removes the renter’s responsibility for vehicle damage.
- This waiver is not insurance but a contractual agreement that shifts financial responsibility.
- The renter must agree to the waiver in writing at the time of the rental.
This means that even if the accident was not your fault, the rental company may still look to you for payment unless a waiver or other coverage applies.
What an Attorney Can Do in a Rental Car Crash Case
A Chicago personal injury lawyer can sort out which insurance carriers need to be put on notice. They will:
- Obtain the rental agreement and related coverage documents.
- Review damage waiver and supplemental coverage paperwork.
- Communicate with the rental company and involved insurers.
- Address disputes over who was permitted to drive the vehicle.
- Document medical treatment (for head injuries, broken bones, lacerations, etc…) and financial losses.
- Push back when insurers delay or shift responsibility.
A lawyer will work to protect your rights, reduce confusion during the claims process, and alleviate your stress so you can focus on recovery. They will help you build a strong case to recover the compensation you deserve.
Speak to a Trusted Lawyer
Call Mark L. Karno & Associates, LLC at (312) 701-0090 or contact the firm online to arrange a free consultation.
Our skilled Chicago car accident lawyer can discuss your accident, the rental paperwork, and legal options available.