While plenty of people make use of rental cars for both short and long road trips to, from, and all around the Wilmington area, not every renter operates their vehicle as safely as they should. Likewise, driving a rental car yourself does not prevent other people around you from being irresponsible inside their own personal vehicles, sometimes in ways that lead to avoidable collisions resulting in severe injuries and financial losses.
Whether you were the one operating the rental car or not, rental car accidents in Wilmington can be uniquely difficult to handle, not just because of the various insurance companies involved but also because of how tricky it can be to establish civil liability for a crash like this. Fortunately, you have assistance available from the dedicated car accident lawyers at Doroshow Pasquale Krawitz & Bhaya, who will work tirelessly and tenaciously to make sure you get paid everything you deserve for your damages.
Is It Possible to Sue a Rental Car Company Over a Car Crash?
Broadly speaking, rental car companies are not legally liable for negligent conduct by people who have paid—and more importantly, signed a liability waiver—to rent a vehicle from them. Unless a rental company gives a car to someone who does not have a valid driver’s license, is visibly substance-impaired when they pick up their keys, has a poor driving record, or is otherwise obviously unqualified to drive safely, the rental car driver is the only person directly responsible for their actions in the rental car.
However, it is not unheard of for a rental car company to provide a renter with a car that is not in safe working condition, or which has otherwise been poorly managed to a degree that makes it unreasonably unsafe to drive. If a rental car wreck in Wilmington stems directly from a mechanical fault or defect which the rental car company should have done more to address before letting the car go out with a renter, that company may hold some or all the legal liability for injuries caused by that crash.
Recovering Through Insurance and Civil Litigation
Delaware law requires drivers licensed in this state to purchase their own specific minimum amount of “personal injury protection” (PIP) coverage, which will pay for their related medical bills and lost work wages, up to policy limits on a “no-fault” basis. In addition, one can sue the other at-fault driver for general damages such as pain and suffering, or for out-of-pocket losses such as medical bills which exceed their own PIP coverage.
In practice, this means most civil cases over rental car accidents in Wilmington begin with insurance negotiations with the injured plaintiff’s own insurance provider, the provider(s) for other people involved in the wreck, and potentially providers for the rental car company if the renter opted to purchase additional coverage before driving off the lot. If this coverage does not address all damages stemming from a wreck, it may then be possible to file suit against the person at fault for that wreck and demand compensation for losses not covered by insurance, including things like physical pain and psychological anguish.
Consider Working with a Wilmington Attorney on a Rental Car Accident Claim
Not everyone treats rental cars with as much care as they treat their own personal vehicles, but no matter whose vehicle you are driving, you have the same “duty of care” behind the wheel as everyone else on the road with you. Anyone who violates that duty and causes an otherwise avoidable crash can be held legally liable for the consequences of their actions, including people driving cars owned by a rental company.
Taking effective legal action over a rental car accident in Wilmington will be much easier with assistance from a dependable lawyer. Call Doroshow, Pasquale, Krawitz, and Bhaya today to learn more.