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Why Are Rental Car Accident Cases Complex?
Car accident cases, in general, are complex. However, those involving rental cars are even more challenging to deal with. For this reason, you need an attorney with the experience, knowledge, and resources to navigate the complex legal processes involved when you have a valid claim against a rental car provider or their insurer. Let's now discuss why these kinds of cases are complex and require specialized attention.
When you get injured in a car accident in Owensboro, Kentucky, the state's car accident laws come into effect. Kentucky is one of the few states with a 'choice no-fault' system after a car accident.
Before we even discuss this system, it's important to note that Kentucky is a no-fault state when it comes to car accidents. This means that after a car accident, both parties are required to file a claim directly with their own insurer.
This process seems pretty straightforward until you get injured in a rental car. That's when things become complicated. For example, in a no-fault system, you may be covered by your:
Regular Car Insurance
Your own personal insurance may cover you if you get injured while operating a rental vehicle. This kind of coverage is usually offered under your personal injury protection, which is required in no-fault states.
Rental Car Company
Rental car companies might also offer auto insurance coverage on top of the initial cost of renting the car. Whether or not you need additional coverage depends on several factors. Of course, you won't need coverage if your own insurance policy covers a rental car.
Credit Card Insurance
Some credit card companies provide collision coverage for rental cars. Check with your credit card company for this kind of coverage before purchasing additional coverage.
Back to the complex aspect of rental car accident claims, imagine a scenario where you suffer serious injuries while driving a rental car. Or imagine being hit by a rental car driver. In that case, where exactly do you file a claim?
Imagine a situation where you get into an accident as the rental car driver and suffer several broken bones. In that case, you might need multiple surgeries. But suppose you had PIP coverage and additional coverage through your credit card company and also bought extra coverage via the rental car company because they persuaded you to do so even though they knew you didn't need it. In that case, this could create a confusing situation. For this reason, you need an attorney who specializes in these kinds of cases and is familiar with the unique rental car laws in Owensboro and throughout Kentucky.
Then there's also the issue of liability. For example, when you get injured in a car accident while driving a rental car, there's always a possibility that the car wasn't even in good condition in the first place. This could be a case of negligence by the rental car company or even a product liability case, warranting a claim against the manufacturer of the defective car part that led to the accident or failing to prevent it as it should have.
Can I File a Claim Against the At-Fault Driver in a Choice No-Fault State Like Kentucky?
In most no-fault states, one party might be able to bring a case against the at-fault party in a car accident under certain circumstances. In Kentucky, you can file a claim against the other driver's insurance company if their negligence caused you injuries worth more than $1000 in medical expenses. You can also file a claim against their insurer if the car accident caused:
- A permanent disfigurement
- A permanent loss of body function
- Bone fractures
- A permanent injury
It is also important to note that the above requirements only apply when you want to bring legal action against the at-fault party for bodily injuries. But you may file a claim against them without these conditions if the accident caused damages to your vehicle or property.
What Should I Do After a Rental Car Accident in Owensboro, Kentucky?
When you get injured in a rental car accident in Owensboro, KY, or anywhere else across the state, there are certain things you can do to improve your chances of filing a successful claim or getting the medical attention you need. Here are a few steps to guide you:
The first and most important thing is to ensure you are safe. Call 911 immediately and request an ambulance if you or your loved one needs urgent medical attention.
Gather substantial evidence about the accident. This evidence may include but is not limited to photographs of the accident scene, the contact information of witnesses, etc.
Call 911 and request a police officer at the scene. The officer will create a police report, which will come in handy when you file a claim.
Do not accept liability even if you feel responsible for the accident.
Seek medical attention even if you feel fine right after the accident. This should be done no later than 14 days after the accident.
Inform the rental car insurance company about the accident. Do not accept liability or sign anything the rental car offers, especially without an attorney.
Contact a rental car accident attorney for further legal assistance if you've suffered serious injuries. The attorney will evaluate your case and discuss your options. You never know—you may be eligible for compensation and not from one insurance provider alone.
Avoid discussing your case with anyone other than your attorney. More specifically, resist the urge to post about the accident on social media. In fact, many attorneys recommend that you stay off social media while your claim is being processed.
This is because insurance companies can hire private investigators to monitor your offline and online activities. And some of their findings can be misleading. Unfortunately, insurance companies will cling to anything that gives them a chance to avoid liability. The last thing you want is to have your claim dismissed without facts.
Morgan & Morgan Rental Car Accident Lawyers in Owensboro Can Help
There's no doubt that there are many car accident attorneys and law firms in Owensboro and the surrounding cities. But most of them do not specialize in rental car accidents, and those that attempt to do so don't even have the resources to fight for you. To win such cases, you need to work with a reputable law firm that needs no introduction to the world of personal injury.
That's Morgan & Morgan we're talking about. Call our Owensboro office today at 270-938-6900 or fill out our online case evaluation form to find out whether you have a valid claim.