Collisions involving rental cars present unique legal issues, especially regarding who is responsible for the rental cars in an accident. Many people rent a car when visiting a different state or when their car is being repaired, and they need reliable transportation for a few weeks. Regardless of the reason why someone is renting a car, the legal issues can be complicated. Contact Michael J. Lichner to speak with a Joliet car accident lawyer about your case.
The Driver’s Obligation to Fix a Damaged Rental Car
Illinois car accidents are analyzed according to fault. Whoever is at fault for the crash should pay compensation to the victim, including money to repair a damaged vehicle.
However, when a person rents a vehicle, they sign a contract with the rental company. This contract usually states that the renter will be responsible for repairing a damaged vehicle after a crash. That contractual language is binding on both parties.
If you rented a vehicle and damaged it in an accident, you might seek compensation for repairs from the at-fault driver. However, you are still legally obligated to fix the rental vehicle, and the rental company can come after you to pay for the repairs. They might sue if you refuse.
Did You Purchase a Collision Damage Waiver?
Rental companies usually offer a Collision Damage Waiver (CDW) to customers with a car rental in Illinois. It is also called a Loss Damage Waiver. This isn’t insurance, really. Instead, the rental company agrees to waive your obligation to fix the rental after an accident.
If you purchased this waiver, then you should not have to pay to fix the car. The rental company will either need to sue the at-fault driver or simply take the loss, but it shouldn’t be your problem.
Go through your paperwork to see if you purchased the waiver. Some people decline it because the waiver increases the cost of the rental, and they are trying to keep expenses low.
The waiver comes with conditions, however. It can limit the following:
- Who can drive the rental vehicle. The agreement might limit driving to the person who signed the rental agreement. If someone else was driving, then the CDW might not apply.
- Where you can drive the car. Most car rental Illinois agreements state you cannot drive off road.
- Deadlines for reporting the accident to the rental company. If you wait too long, you might not be covered.
If you violated a condition of the CDW, then the rental company might refuse to honor the waiver. You should speak with a lawyer about this issue.
Is The Rental Company Ever Responsible?
Possibly. They could have liability if they rent a dangerous vehicle. Suppose the brakes are installed improperly, and then you crash even though you are stomping on the brakes. In that case, you aren’t responsible for the accident, so you might not have to pay to fix the car. The vehicle was dangerous when the rental company handed you the keys.
Do You Have Insurance on a Credit Card?
Some credit cards offer insurance in the event you are involved in a rental car accident. Typically, you need to rent the vehicle using the card. But this is a terrific benefit to have. The credit card company should pay to fix the damaged rental, up to a certain amount. Go through your credit card agreement to see if this is available.
Do You Have Collision Insurance?
Your own insurance might cover the cost of rental car repairs if you have collision or comprehensive coverage for your vehicle at home. Most drivers carry this insurance if they still have a car loan, since lenders require it.
This insurance likely covers a rental car accident in Illinois, provided you used the rental for personal reasons. Be sure to call your insurer after any accident in a rental vehicle. Your insurer can even handle the claim for you once you provide details, like the name of the rental company.
Collision and comprehensive benefits are no-fault, so you can tap them even if you are responsible for the crash.
If you don’t have collision insurance, you might be stuck paying to repair the vehicle out of pocket. The rental company will sue you if you refuse, but you might seek compensation from the at-fault driver.
Seeking Reimbursement from the Driver Who Caused the Accident
We see this situation often. A person rents a car and then gets hit by a distracted or dangerous driver. The other driver is at fault, so they need to pay compensation for the rental car accident. However, our client must still pay to fix the rental because they agreed to when signing the rental agreement. They also didn’t get the Collision Damage Waiver.
Now our client has the right to demand compensation from the dangerous driver for:
- Medical bills. If you suffered injuries, you can request compensation to cover medical bills and other health care-related damages.
- Lost wages or income. Economic damages include lost wages if you cannot work due to injury.
- Pain and suffering for bodily injuries. You can request non-economic damages after an accident.
- Damage to the rental. We can essentially get the at-fault driver to reimburse our client for the cost of fixing the damaged rental. If you didn’t get a Collision Damage Waiver or have other insurance to fix the car, then this is the way to get reimbursed.
Hire an experienced Will County, Illinois, car accident lawyer for help with the process. You cannot expect the rental company to have your back.
Call Our Office to Schedule a Consultation
We have worked with many clients who were visiting Illinois on vacation or for business purposes. Hire a local lawyer for any accident involving a car rental in Illinois. We know the insurance companies in the state, as well as the rental companies. We also have easier access to the vehicle, which could be an important piece of evidence in a claim.
Contact us to schedule a free, no-risk consultation with Michael J. Lichner. We can determine who is responsible for a rental car in an accident and develop a plan for obtaining compensation.