While on vacation, one of the last things you want to do is deal with a rental car accident. However, accidents involving rental cars are pretty common as drivers are not familiar with driving them as they are not their own. That said, many motorists worry about what happens if they are injured in an accident while driving a rental car. Handling an accident in a rental car is similar to a collision in your vehicle. However, there are some added steps that you should be prepared for. If you have been injured in an accident while driving a rental car, contact our talented Westchester County Car Accident Attorneys, who can help you understand your legal options. Continue reading to learn who can be responsible for an accident in a rental car. 

Who can be held liable for an accident in a rental car?

Fault allocation plays a vital role in determining who is liable for damages. That said, similarly to other auto accidents, the driver whose negligent actions caused the collision will be responsible for damages. It is critical to note that per a rental agreement, regardless of who is found at fault, the driver who rented the vehicle will be liable for damages. The rental agreement may require you to pay for the vehicle’s damages within a specific timeframe. If this is the case and the accident was caused due to another driver’s negligence, you can file a claim against that party to recover monetary compensation for your damages. Accident claims can take a significant time to settle. Therefore, to avoid paying for damages out of pocket, you can take legal action against the other driver for your damages.

Can I take legal action against the rental company?

According to the Graves Amendment signed into law in 2005, drivers cannot take legal action against the rental company they rented a vehicle from if the accident was caused due to another driver’s negligence. The only exception to the Graves Amendment is if a driver can prove that the rental company’s negligence caused the accident. For instance, if the accident was caused due to faulty brakes due to a lack of maintenance, you can file a claim against the rental company. This is because they are responsible for maintaining all of the vehicles under their control, meaning they must ensure they are serviced regularly to ensure they are safe to drive. If they fail to maintain a rental car and the driver can prove the accident was caused due to poor maintenance, you can pursue legal action against the rental company.

If you have been injured in an accident in a rental car, contact a determined Westchester County car accident attorney. Our firm is committed to helping our clients seek reasonable compensation for their economic and non-economic damages.