Few things can be more stressful, overwhelming, and scary than being involved in a car accident. In addition to your accident and injuries, you may have to deal with additional problems if you were driving a rental car. After a crash in your personal vehicle, the claims process may seem straightforward. However, things may be very different when you crash while driving a rented car.
In general, the driver who is at fault is determined by the circumstances of what happened. This means looking at who violated traffic laws, who actually caused the crash, and which parties were innocent victims. From there, decisions about who actually pays for damages are decided based on whose insurance covers what injuries and vehicle damage and what the contract between you and the car rental company says. Typically, the at-fault driver’s insurance will pay for damages to a rental car, keeping you off the hook.
Our Fayetteville, AR car accident attorneys offer free case reviews to see if we can help with your car accident claim. Call us today at (479) 316-0438 to set up your free case review.
Who Is Liable for My Car Accident Involving a Rental Car in Arkansas?
Liability can be determined by carefully analyzing the circumstances of your case. It can also be proven by considering the events that led up to your crash and subsequent injuries. Typically, you can prove that another driver was liable by providing evidence that the driver was driving negligently.
To prove liability, you can file a personal injury lawsuit. Through your claim, you can provide evidence showing the other driver’s negligence. During a personal injury lawsuit, you have the burden of providing evidence to prove the defendant 1) owed you a duty of care that was 2) breached, 3) caused you harm, and 4) as a result of their negligence, caused you losses and damages. Your Arkansas car accident lawyer can help you provide the court with the evidence needed to prove liability after your crash.
What Should I Do After a Car Accident Involving a Rental in Arkansas?
Everything you do after your car crash in Arkansas can significantly impact any future claim. In cases involving a rental car, it may be difficult to understand how everything will play out. For this reason, it is essential to preserve all the evidence you can to help hold the liable parties accountable for your injuries and damage to the rental car. After a car accident, there are several things you should do.
Report the Crash to the Authorities
Your first priority should be your safety and the safety of those involved in your car accident. If you are able, call the emergency services and get checked by a healthcare professional. Additionally, you should report your accident to the police. Typically, a law enforcement officer will assess the crash and write a report based on their findings. This report can be useful in your insurance claim.
Gather Evidence
Gathering as much information from your crash as possible is critical. It is best to request all essential information from other parties involved, such as the other party’s name, address, phone number, and insurance information. Also, you should try your best to get photos or video of the crash scene, vehicle damage, and injuries. This evidence can show the extent of your accident, property damage, and injuries.
There may be instances where poor road and weather conditions may have played a role in your accident. If this is the case, make sure to document those conditions with as much detail as you can.
It is best to gather contact information for any potential witnesses to your accident, too. A witness can provide unique information about your crash and can help you support your claim.
Report the Crash to the Car Rental Agency
When renting a vehicle, the car rental agency may provide you with insurance options. These insurance policies may or may not provide full coverage for damage done to their vehicle. If you are not fully covered and had an accident, you may want to consider filing a lawsuit against the at-fault driver to cover the vehicle damage.
When Should I File a Car Accident Claim for a Rental Car Accident in Arkansas?
If you were severely injured in your car accident, you may need to go through expensive medical procedures and a lengthy recovery process. Your medical bills can grow exponentially in a matter of days. Under these circumstances, you may not know what to do or how to proceed knowing you have a significant debt to take care of. Fortunately, you have the option to file a car accident claim to cover these and other expenses.
In addition to getting compensation for the damage done to your rental, you may also get coverage for things such as your injuries, lost wages, medical bills, and pain and suffering.
However, there is a critical caveat you should consider. Under Arkansas law, you have a limited time to file your claim. This is known as the statute of limitations. This statute provides plaintiffs with a specific time to file their claims. This means you don’t have time to waste after your crash.
As a plaintiff, you have three years from the moment of your crash to file a personal injury claim. Many people think three years is enough time to get better and proceed with their claim. However, your Springdale car accident attorney will likely need time to prepare your case.
You should avoid any delays that may put your claim at risk. Filing your claim on time is essential, especially if your rental’s insurance didn’t cover the vehicle. If you miss filing your lawsuit on time, all expenses may come from your pocket. The sooner you act after your car accident in Arkansas, the better your chances of fighting for compensation.
Arkansas Car Accident Lawyer Handling Cases Involving Rentals
If you or a loved one was injured in a car accident involving a rental in Arkansas, we can help. Our Bella Vista car accident lawyers represent injured victims in car accidents and fight aggressively to get the compensation they need and deserve. Call us for a free case review. Our number is (479) 316-0438.