You may have grounds to sue a rental car company for an accident in Nevada. To receive damages from this business, you must prove they were negligent. A Las Vegas car accident lawyer may help you build a case against the company.
At H&P Law, we may be able to help you file a claim against a rental car provider. Our Las Vegas car accident attorney can discuss your legal options with you. To get started, reach out to us.
Rental Car Accident Negligence
According to Nevada Revised Statutes (NRS) §11.190, you may have up to two years to submit a claim for compensation in a personal injury case. This means you may have two years from the date of your auto accident to sue a rental car company. Once you file your claim, you are responsible for proving the following elements of negligence were present at the time of your collision:
- Duty of Care: The company was legally responsible for acting in a cautious manner toward you.
- Violation of Duty of Care: The business acted recklessly and carelessly.
- Causation: Your accident was the result of the company’s decision to breach their duty of care.
- Damages: Because of the company’s actions, you are dealing with quantifiable and subjective losses.
You may need a wealth of evidence to prove negligence. In an auto accident case, you may use accident scene photos and videos, medical records, and other forms of proof to support your claim. It may also be beneficial to hire an auto crash attorney who can evaluate your evidence and help you prepare a compelling argument.
Liability When You Are Driving a Rental Car and Get into an Accident
You may wonder who is responsible for a head-on collision or any other type of accident when you are driving a car you rented. If another motorist crashes into your vehicle, they may be at fault. Conversely, if you were negligent, you may be responsible.
How you respond to a rental vehicle accident may have far-flung effects on your ability to get damages. It may be best to call 911, report your crash, and get help from police officers and medical personnel. You may also want to capture photos and videos at the accident scene since you may be able to use these to support your request for compensation.
In the days following your accident, it may be a good idea to connect with a car crash lawyer. The legal team at H&P Law is available to assist you with your case. For more information, get in touch with us.
Rental Car Crash Damages
Choosing a car accident attorney who has helped their clients achieve outstanding case results can make a world of difference. This lawyer may work with you to calculate your losses. They may encourage you to seek damages for many reasons, such as:
- Damage to your car
- Lost income
- Medical expenses
- Pain and suffering
The damages you request in an auto accident case depend on your losses. Your attorney may urge you to seek economic damages for quantifiable losses and non-economic compensation for subjective ones. They may put you in a great position to secure 100% of the damages you request.
Rental Car Collision Insurance
Following a rental car crash, the driver of the vehicle and the business that provided this individual with it may be jointly responsible for the incident. There are auto insurance requirements that may apply to your collision. In Nevada, liability insurance is required for all drivers, and you may get compensation through the at-fault motorist’s coverage.
There are times when someone is driving a rental vehicle without insurance. Or, a driver’s insurance coverage may not be enough to cover all of your accident-related losses. In either of these scenarios, the rental vehicle provider’s insurance may be used for your damages.
Of course, even if a driver or rental car company has insurance, you are not guaranteed to get compensation after an accident. An insurer may do whatever it can to avoid paying out your claim. With help from a lawyer, you may be able to address the challenges that come with dealing with an at-fault party’s insurance provider.
Partial Blame for a Rental Car Accident
You may be involved in a rental car collision where you are partially at fault. Based on NRS §41.141, you may not be able to get all of the damages you want. In the worst-case scenario, you may not be able to recover any compensation at all.
For instance, a judge or jury may find you are 10% responsible for your crash. In this instance, your damages may be reduced by your percentage of fault. As a result, you may get 90% of the compensation you originally wanted.
Now, consider what may happen if a judge or jury finds you are primarily responsible for your accident. If this happens, you are more at fault for the collision than the other party. Thus, you may be solely responsible for all of your crash-related losses.
Rental Car Collision Settlement
You may have the opportunity to accept a settlement based on your crash. It may be difficult to decide if a settlement is best for a Nevada personal injury lawsuit. To find out, it may be helpful to consult with an attorney.
A lawyer can answer any questions you have about a settlement proposal. If your attorney believes a settlement is far less than what you may get if you bring your case to trial, they will let you know. Regardless of what your lawyer believes, you have the option to approve or decline a settlement offer.
If you receive a settlement proposal, discussing the offer with your attorney may help you weigh the pros and cons of any decision you make on it. On top of that, evaluating an offer with your lawyer may help you avoid accepting a lowball settlement. If you ultimately decide a settlement is not enough, you may decline it and continue with your litigation.
Request Legal Help with Your Rental Car Crash Claim
H&P Law has plenty of experience with personal injury cases. We can help you decide if you should file a claim against a rental car company. To schedule a free and confidential case consultation, contact us today.
