The person responsible for a rental car after an accident will depend on the situation. The driver may be responsible if their negligent behavior contributed to the accident and any vehicle damage, while the rental company may hold responsibility if they failed to properly maintain the car.
It all comes down to what happened and the type of insurance coverage that may be in place. A Tacoma car accident lawyer from NextLaw can explain how responsibility works in this instance and protect your rights as you go through the legal process.
By understanding who may be liable for a rental car after an accident and which factors may impact liability, you can take more appropriate steps towards a potential claim for damages.
When is the Rental Car Driver Responsible After a Car Accident?
The person who has rented and is driving the rental car at the time of the accident may be responsible if their actions directly contributed to causing the crash.
For example, if they were speeding, distracted, driving under the influence, texting while driving, failed to yield, or were being otherwise negligent and this led to the accident, the driver may be to blame. A Tacoma personal injury lawyer from NextLaw can assess the evidence to help determine whether the driver was responsible and pursue damages through their insurance coverage.
For a free legal consultation, call (253) 238-2558
When is the Rental Car Company Responsible?
You may be able to hold a rental car company liable for the accident if their negligence or a problem with the vehicle directly contributed to the crash. For example, if the company ignored a known safety issue or failed to properly maintain the car, it could potentially be responsible.
Liability will depend on the circumstances of the crash. While the company is obligated to ensure its rental vehicles meet applicable safety requirements under Washington law, it cannot be held directly responsible simply because it owns the vehicle.
Other Parties that May Share Responsibility
When considering who is responsible for a rental car after an accident, you must look at all potential at-fault parties. Multiple parties can be liable for your injuries, and identifying each one may help you to maximize your payout when it comes to filing a claim.
Potential liable parties could include:
- Another driver: There’s every possibility that another driver could have caused the crash, and you may be able to hold them responsible.
- A vehicle manufacturer: The car may have a manufacturing fault that the driver and rental company were unaware of. For example, faulty brakes or electronics. If this contributed to the crash, liability may also fall on the company that made the car.
- A mechanic: If the car was recently serviced by a mechanic and a negligent repair or faulty installation caused the accident, they may also be responsible.
- A government entity: When there’s an issue with the road or any road signs, the government entity responsible for maintaining the road could be liable.
NextLaw can help you figure out who is at fault, assessing the involvement of all parties so that you know who to make your claim out to.
Click to contact our personal injury lawyers today
Can You Still File an Injury Claim if You Were Partially at Fault?
Yes. Under RCW 4.22.005, Washington follows a pure comparative fault system, which means that you can still claim damages even if you share responsibility for the car accident. However, your settlement amount may be impacted based on your share of fault.
For example, if you are awarded $50,000 in damages but are deemed to be 10% at fault, you may only receive $45,000 instead. There is no recovery bar, so as long as you are not found to be 100% to blame, you can still seek compensation.
Our attorneys at NextLaw will explain more about this comparative negligence in further detail, so that you understand the effect it may have on your car accident claim.
Complete a Free Case Evaluation form now
How a Car Accident Lawyer Can Help You Determine Liability
When you approach NextLaw about your case, we’ll start by investigating what happened. After hearing your testimony, one of our lawyers will review dashcam footage, police reports, photographs from the accident scene, traffic camera footage, medical records, and any other evidence available from the crash.
From this assessment, we can determine what might have caused the crash and who the potential responsible parties are. We’ll then use the evidence to strengthen your claim for compensation before handling all negotiations with the insurance companies.
Call Dan Next to Discuss Liability
If you’re still not sure who is responsible for a rental car after an accident, Call Dan Next! Our team of highly skilled car accident attorneys has 100 years of combined experience, meaning we understand what it takes to handle a wide range of claims.
We can help with establishing fault so that the right party is held responsible for your injuries. Our lawyers will also provide tailored advice based on your specific circumstances and negotiate a fair settlement on your behalf, so you get detailed legal counsel throughout the claims process.
Book a free consultation with NextLaw today to learn more about our services and get the legal support you need.
Call or text (253) 238-2558 or complete a Free Case Evaluation form