It is common to see rental cars driving throughout Las Vegas due to the tourist nature of the city. Because of this, many individuals might wonder what happens if they are involved in a car accident with a rental car or if they are driving a rental car and get into a car crash. These are important questions to ask to determine how to be compensated for damages.
The following article can help you get a better understanding of what to do if you are involved in a rental car accident:
Common Types Of Rental Car Accidents
Las Vegas is a bustling place where rental car use is popular. Many people are visiting casinos, restaurants, clubs, and more from out of town. Because of this uptick in rental car use, car accidents involving rental cars can happen more often. Common types of rental car accidents include:
- Rear-End Collisions: Due to tourists suddenly stopping to see attractions, distracted driving, and stop-and-go traffic.
- Intersection Accidents: From tourists unfamiliar with the roads, failure to yield, running red lights.
- Distracted Driving: Tourists distracted by GPS, looking at billboards, or talking with passengers.
- DUI-Related Accidents: Because of the party-nature of Las Vegas, many people find themselves driving home drunk.
- Pedestrian Accidents: Due to Las Vegas’ high foot-traffic, especially around the Strip, pedestrian accidents can occur.
Who Can Be Responsible After a Las Vegas Rental Car Accident
After a car accident, there are several possibilities as to who should be held responsible. The rental car driver, the rental company, or the driver of the other vehicle.
Rental Car Driver
If you caused the accident as the driver of the rental car, you will be required to pay for the damages of the other parties. Typically, your own auto insurance will cover the damages. However, if you do not have insurance, the damages might be covered by the rental company policy, a temporary insurance waiver you purchased, or a credit card.
Rental Car Company
In some cases, though rare, the rental company can be held responsible. Due to the federal Graves Amendment, rental copmaies are not indirectly liable solely because they own the vehicle. They can only be held liable if they were directly negligent; for instance, if they did not keep up on necessary maintenance or they rented the car to an unlicensed driver.
Other Third Party
Depending on the circumstances of the accident, another third party might be partially or fully responsible. Partial fault could be with another driver, a government contracted vehicle, or a parts manufacturer if there was a defect in the vehicle that caused the accident. In these cases, you and your Las Vegas personal injury lawyer can pursue a claim with the at-fault party’s insurance.
Determining Liability In Las Vegas Car Accidents
After a rental car accident, one of the most important first steps in filing a personal injury claim is determining who was at-fault. Nevada is a modified-comparative-negligence state which means that you can claim damages even if you were partially at-fault. However, you must be 50% or less at-fault to qualify and your compensation will be reduced by the percentage of fault you carry. It can be especially helpful to have a Las Vegas car accident lawyer on your side during this process.
Fault is determined using the following tools:
- Police reports
- Traffic law violations
- Rear-End Collision
- Physical and digital evidence of the scene
- Witness statements
- Accident reconstruction experts
The Role Of Insurance In Las Vegas Rental Car Accidents
If you have been involved in an accident while driving a rental car, there are several types of insurance that could come into play. First of all, all rental companies are required to carry at least state-minimum liability insurance. Though, the limits are lower and many personal insurance plans have much better coverage.
If you are at-fault, you will typically get your damages covered through your own personal insurance. If you don’t have insurance, either the renter company’s insurance will apply or the temporary coverage you buy through the insurance company. If a driver other than you is at-fault, their insurance will pay for the damages. If you and the other party are both partially at-fault, you can recover damages from both yours and their insurance.
Statute Of Limitations To File a Personal Injury Claim In Rental Car Accidents
If you wait too long and miss the filing deadline, the courts will likely refuse to hear your case. However, in some cases, there may be exceptions or extensions, such as if you only discovered the full extent of your injuries after the accident (known as the “discovery rule”). If you’re uncertain whether you’re within the statute of limitations, it’s best to consult with a Las Vegas personal injury lawyer as soon as possible.
It’s also essential to gather evidence, such as police reports, witness statements, photos, and medical records, right away to strengthen your case. Contacting an attorney early ensures you don’t miss any critical deadlines and helps you receive the full compensation you deserve.
Contact Our Lawyers After a Las Vegas Car Accident For Quick & Trusted Legal Advice
If you have been injured in a car accident in Las Vegas, you may wonder how to make sure you are compensated fully for your damages, especially if you were not at-fault and an insurance company is trying to blame you for the damages. The Las Vegas personal injury lawyers at Benson and Bingham have decades of experience and a track record of success. We will walk you through the claims process, negotiate on your behalf, and will represent you should the case become a lawsuit.
Reach out to us today to get started and gain peace of mind knowing your finances are covered as you recover.
