Rental Car Accident in NY: What You Should Know Law

If you have been in a rental car accident in New York, it is in your best interest to seek immediate legal counsel from an injury lawyer who specializes in car accident cases. When another’s negligence causes you harm in any type of motor vehicle accident, you may be entitled to substantial compensation for medical expenses, pain and suffering, and lost wages.

At The Law Office of Evan W. Kohn, our highly-skilled, knowledgeable auto accident team has helped countless clients obtain the compensation, and justice, they deserve after a car crash, including those involving rental cars. Contact us today at 718-409-5500 for a free and confidential consultation about your case.

What to Do if You Have an Accident in a Rental Car?

Although rental car accidents are similar to other car accidents in many ways, there are certain differences, and understanding these differences is critical to a favorable outcome in your case. In addition, rental car accidents can be particularly stressful because it’s not your car and, depending on the circumstances, you are likely in an unfamiliar area. Furthermore, you now have a car rental agreement and, possibly, a rental insurance policy to decipher.

But don’t panic. Keeping calm, making sure that everyone is ok, and following the steps below will help to protect your safety and well-being, and your wallet.

• Make sure that you, and everyone around you, is safe and out of harm’s way before doing anything else. If your car is in the line of traffic, pull over to a safe area, if possible.
• Call 911. In addition to ensuring that everyone is safe, calling 911 will result in the creation of an official police report, which could be invaluable to your car accident claim or lawsuit, if you need to file one.
• Exchange contact, driver’s license, vehicle, and insurance information with other involved drivers, but don’t discuss any details of the accident with them. In fact, be very careful of what you say. Even an innocent comment such as, “I’m so sorry, I didn’t see you,” could be used against you later.
• If any witnesses were present, ask for their name and contact information, in case you have a question at a later date.
• Take pictures of the accident scene, any contributing factors (skid marks, blocked stop sign), and any visible injuries, from as many angles as possible.
• Contact the rental car company. If you look inside the glove box or on your rental car agreement, there should be a toll-free number to call in emergency situations such as this. Do not discuss details of the accident; simply explain that an accident occurred and you would like to know how to proceed.
• Call a lawyer. Before discussing the details of your accident with anyone, it’s in your best interest to seek legal counsel from an experienced New York car accident lawyer.
• Report the accident to your own car insurance company within a reasonable timeframe. Most insurance carriers stipulate a period of time, within which policyholders must report accidents. Although it’s best to speak with your NY car accident attorney before calling the insurance company, it’s important not to exceed their allotted window of time for reporting.

Who is Responsible In a Rental Car Accident?

Your car rental agreement stipulates that you cannot hold the rental car company liable for an accident or injury, simply because they own the vehicle. You can, however, hold them liable if their negligence contributed to the accident. For example, if poor vehicle maintenance was partially responsible for the accident, the rental car company could be at least partially on the hook for damages.

According to the Graves Amendment, a federal law barring negligent drivers from bringing vicarious liability lawsuits against car rental companies, the simple fact of ownership does not make the rental company liable for damages in an accident. There is an exception, however, if the owner has engaged in negligence or criminal wrongdoing that contributed to the accident.

As such, determining liability in an auto accident involving a rental vehicle is similar to any other auto accident, unless you believe that negligence on the part of the rental car provider contributed to the accident. An experienced NY rental car accident lawyer can help you determine how to proceed.

Will My Insurance Cover Me?

When you rent a car, the rental company will ask if you want to purchase optional insurance for extra coverage beyond what your personal auto insurance policy covers. This add-on insurance can carry a hefty price tag, usually including a per-day cost, which can add up quickly if you are renting for several days or more. This optional insurance typically includes:

• Collision—If the vehicle is damaged or stolen, collision covers the cost of repairs or replacement;
• Liability—If another party sues you for damages in a car accident for which you were at fault, liability covers any claims against you, typically up to $1 million.
• Personal accident insurance—Similar to personal injury protection (PIP), personal accident insurance covers medical costs.
• Personal effects coverage—If your personal property was damaged in an accident or stolen with the vehicle, this insurance add-on will cover repair or replacement costs.

The reality is, your existing auto, homeowners, and health insurance policies probably already cover a significant portion of what you would have to pay in the event of a rental car accident. Many credit cards also offer coverage in these situations. Even so, it’s a good idea to check your personal coverage first, before determining whether or not to accept the optional coverage offered by the rental company.

Contact a New York Rental Car Accident Lawyer Today

If you have been involved in a rental car accident in New York, the skilled legal team at The Law Office of Evan W. Kohn can help. We have protected the rights of countless accident and injury victims throughout New York, and we have an impressive track record of obtaining substantial compensation for our clients in a timely manner. Don’t go through this difficult time alone. Call The Law Office of Evan W. Kohn today at 718-409-5500 for a free and confidential consultation about your case.