Many visitors to Las Vegas drive rental cars to get around town. If the driver of a rental car is involved in an accident that causes injuries, questions may arise as to who is financially responsible to those who are injured.
Drivers who rent cars often decline the rental car company’s supplemental insurance because most auto liability policies extend coverage to rental vehicles. An accident victim may seek compensation from the rental car driver who caused an accident in Las Vegas. Conversely, a rental car driver who was injured in an accident caused by another motorist may have a right to seek compensation from the at-fault driver.
If you have been injured in a car accident in Las Vegas that involved a rental car, you should contact an experienced Las Vegas personal injury lawyer as soon as possible. A rental car accident lawyer of Sam & Ash Injury Law understands how Nevada law applies to rental car accidents. We have extensive experience with cases involving out-of-state drivers. We can help you seek the full compensation available by law after a rental car accident.
At Sam & Ash Injury Law, we know that every car accident case is different. We focus on making sure you get the best guidance based on your specific situation. We offer free initial consultations and are available 24 hours a day to assist you. There is no fee unless we recover money for you through an insurance settlement or court award. We want What’s Right for you. Contact us now!
What Can I Do If I Am Injured by a Rental Car in Nevada?
Rental car accidents are common in Las Vegas. Tourists on vacation or in town for conventions may be drinking, distracted by the sights, unfamiliar with local roads — you name it. Some vacationers rent vehicles they are unfamiliar with such as high-powered sports cars and get into accidents.
In many ways, an accident involving a rental car is no different from any other car accident. If you are able, you need to exchange your driver’s license, vehicle registration, and insurance information with the other driver. The other driver should provide information about their auto liability insurance, which pays for injuries and vehicle damage when the policyholder is responsible for a car accident.
Ask the other driver whether the car they are driving is a rental car, particularly if you see indicators, such as different states on their driver’s license and the car’s license plate.
Ask about rental company insurance. If the vehicle is rented, it is possible that the rental car driver has obtained supplemental liability protection, which is optional insurance coverage commonly offered by rental car companies. If so, get information about it from the rental car company’s paperwork, which the driver should have in the vehicle.
Ask whether the car was rented with a credit card. Some major credit card companies offer property damage liability coverage when cardholders rent vehicles with a credit card. This is a potential source of compensation for you. The driver won’t give you the card number, of course, but can name the credit card company for you. If a driver is uncooperative, bring the issue up with the police officer who responds to the accident. The credit card company should be named on the receipt with the car rental paperwork.
Additional steps to take after a car accident include:
- Call 911 to summon police and, if needed, an ambulance
- Take photos of vehicles in the accident and any visible injuries you have
- Get a medical exam within 24 hours if you are not taken by ambulance to a hospital emergency room
Compensation Available in a Rental Car Accident Claim
As your attorneys, Sam & Ash Injury Law will investigate the circumstances of the rental car accident you were in to determine what happened and who was at fault. We also will help you obtain your medical records and calculate your total costs and losses to determine the damages you may seek.
A car accident injury claim may seek compensation for:
- Medical bills, including emergency room care, diagnostic tests, hospital stays, surgeries, follow-up doctor visits, therapy appointments, and medication
- Vehicle repair or replacement costs
- Long-term care needs and costs of anticipated treatment
- Lost income caused by missed work due to your injuries
- Reduced earning capacity if you cannot work the same job or make the same income you did before the car crash
- Pain and suffering
After gathering evidence to show who was responsible for the accident, we will submit a demand letter on your behalf to all responsible insurance carriers stating the compensation you are due and our evidence of their liability.
Most car accident claims are settled without going to court. However, if the insurance company refuses to agree to a reasonable settlement, we are prepared to file a lawsuit on your behalf and seek justice for you in court.
Nevada personal injury law follows a doctrine of “modified comparative negligence.” Accident victims are entitled to recover compensation as long as they are not more than 50 percent at fault. If you contributed to the accident in some way, then any compensation awarded to you by a jury would be reduced by the percentage of fault assigned to you.
For example, if you are found to be 10 percent at fault for a collision with a rental car, the $100,000 in compensation awarded to you would be reduced by $10,000. While this rule is not formally applied to negotiated settlements, any negligence on your part that contributed to the accident could have an impact on a settlement. Our role as your attorneys is to rebut any false claims made by the insurance company against you and minimize the impact of any negligence on your part. Ash Watkins is a former insurance defense attorney. She knows how to counter the tactics insurers use to avoid liability.
Who May Be Held Liable for a Rental Car Accident?
If the driver of a rental car is responsible for a car accident, the driver may be held liable for the injuries you have suffered. We would file a claim on your behalf with all insurance carriers that had provided coverage to the rental car driver.
Under Nevada law, the rental car company may be held liable too, regardless of whether the driver of their vehicle purchased insurance from them. Nevada law (NRS 482.295) requires rental companies to maintain the same 25/50/20 liability coverage required of all Nevada vehicle owners on each car they rent. Another law (NRS 482.305) makes the rental car agency liable for an accident victim’s damages if the driver renting the vehicle does not have insurance.
Further, a Nevada court case (Salas v. Allstate Rent-A-Car, Inc., 116 Nev. 1165, 14 P.3d 511 (2000)) established that an accident victim may seek compensation from the rental car company even after recovering money from the rental car driver’s insurance.
Our investigation could identify other parties responsible for a rental car crash, such as the employer of a driver who was driving a vehicle as part of their job duties at the time of the crash.
To have the best chance of recovering just compensation after a rental car accident, you should select a seasoned Las Vegas car accident lawyer who understands what is necessary to obtain justice in your case. If you are dealing with injuries or an accident caused by a driver from out of state, having a Las Vegas personal injury firm that will devote its time and resources to your case will provide the best chance of a proper financial recovery.
Hire a Car Accident Lawyer at Sam & Ash Injury Law Today
If you are hit and injured by a driver in a rental car in Las Vegas, that driver may be gone before you get out of the hospital or home from the doctor’s office. In addition to issues involved with locating the rental car driver, there may be multiple insurance companies involved in a rental car injury claim case. Each insurance carrier is likely to tell you to look to the other for payment.
Don’t try to take on the complexities of a rental car accident claim by yourself. A rental car accident lawyer in Las Vegas can help you understand your options and pursue one or more injury claims on your behalf. We will take on the rental car insurance companies while you focus on your recovery. We won’t charge any legal fees unless we recover money for you through an insurance settlement or court award.
If you have questions about a rental car accident in Las Vegas or about your rights after an injury, turn to Sam & Ash Injury Law for assistance. Our attorneys are ready to assist. Contact us for a free case review or call us at 1 (877) 658-9951. We are available 24 hours a day, 7 days a week to give you the help you deserve.