Rental Car Accidents
It is common for people to rent cars when they are on vacation or traveling for work. People operating rental cars are typically navigating unfamiliar roads in an unfamiliar car and, unfortunately, often cause collisions. People injured in an accident involving a rental car have the right to pursue claims against the party that caused the accident, but recovering damages can be more complicated in these situations than in other car accident cases due to insurance issues. If you were injured in a collision with a rental car, you can meet with legal counsel to discuss the circumstances surrounding your accident and your potential avenues for seeking recourse for your harm. At the Law Offices of John C. Manoog, III, our Cape Cod car accident lawyers have collectively spent over fifteen decades helping parties in the pursuit of damages, and we zealously seek any compensation our clients may be entitled to. Our assertive representation has allowed us to attain multiple multimillion-dollar verdicts and settlements for our clients.Insurance Coverage for Rental Cars
If you were involved in an accident with a rental car in Massachusetts, the manner in which you prove liability would not differ from any other accident, but what insurance is available to pay any damages you are owed will depend in part on the insurance coverage that applies to the car. If the car was rented in Massachusetts, the person renting the car can either choose to purchase additional insurance coverage through the rental car company or rely on his or her own insurance. If the person does not purchase additional insurance, any policy that covers the person could potentially cover any damages caused by the accident. If the person purchased the additional insurance, however, both policies could potentially cover any claims. Additionally, in many cases, a person's credit card will provide coverage as well.Recovering Damages Following a Rental Car Accident
Regardless of what insurance coverage applies in a rental car accident, the injured party must first prove liability in order to recover damages. Most lawsuits that arise out of car accidents allege that the driver that caused the accident was negligent. In Massachusetts, to prove liability via a negligence claim, a plaintiff must show a duty and a breach. Generally, the duty owed by the defendant is the duty to exercise reasonable care to prevent foreseeable harm. The plaintiff must also show that the breach was both the proximate and legal cause of the accident. In other words, the plaintiff must show that the accident would not have occurred but for the breach, and that the breach was a substantial factor in bringing about the accident. Lastly, the plaintiff must show that the accident caused quantifiable damages. If you were injured in an accident with a rental car, an experienced attorney can evaluate the facts of your case to determine whether they may be able fulfill these elements.
If a plaintiff’s negligence claim against the defendant is successful, the plaintiff may be awarded damages to compensate for both economic and noneconomic harm caused by the accident. Economic harm would include the cost of any medical treatment for injuries caused by the accident and any out of pocket expenses. Economic harm can also include a loss of earning capacity if the plaintiff could not work after the accident. Noneconomic harm typically includes the pain, suffering, and mental anguish caused by the accident. If the plaintiff was married at the time of the accident, his or her spouse may also be able to recover damages for loss of consortium.Discuss Your Car Accident with a Skilled Cape Cod Lawyer
The process of recouping damages following a rental car accident can be convoluted. If you were injured in a collision with a rental car, you can discuss your accident with an attorney. At the Law Offices of John C. Manoog, III, we can analyze the facts of your case and advise you of any potential claims you may be able to assert. Our adept advocacy has enabled us to uphold a history of successful verdicts and settlements, with multiple awards exceeding one million dollars. We represent injured people in lawsuits in Cape Cod and can meet for consultations in Hyannis and Plymouth. We can be contacted via our online form or at 888-262-6664 to schedule a meeting. Nós Falamos Português.