Chicago Rental Car Accident Lawyer

Accidents involving rental vehicles, unfortunately, happen with some frequency. A large metropolitan city like Chicago is filled with tourists and business travelers renting cars to get around Chicago and the surrounding area. Rental vehicle accidents involve unique legal issues. An experienced Chicago rental car accident lawyer at Ankin Law can help you maneuver the claims process and protect your legal rights. 

The skilled lawyers at Ankin Law have experience protecting victims of all kinds of auto accidents, including alcohol-related accidents, pedestrian accidents, and hit-and-run cases.

When you choose Ankin Law for your case, you get:

  • 24/7 Access to attorneys
  • 100 years of combined experience
  • A FREE consultation
  • NO legal fees unless we win your case

Ankin law has secured millions for car accident victims. Call (312) 600-0000 to protect your future.

Understanding Rental Car Accidents in Illinois

According to the Illinois Department of Transportation (IDOT), there were over 300,000 motor vehicle crashes in the state in recent years, with a significant portion involving rental cars. While precise figures for rental car accidents are not always separately categorized, national trends and insurance reports indicate that rental cars are frequently involved in collisions, partly due to drivers’ unfamiliarity with the vehicles or local driving conditions.

Common causes of rental car accidents in Illinois include driver inexperience, distracted driving, and unfamiliarity with the rental vehicle’s controls and features. Tourists and business travelers, who often rent cars, may be prone to distractions and navigational errors, especially in congested urban areas like Chicago. Additionally, the stress of navigating an unfamiliar city or rural area can contribute to higher accident rates.

$17
Million
as co-counsel for medical negligence.
$10
Million
as co-counsel for misdiagnosis resulting in above-the-knee leg amputation.
$9
Million
in combined benefits for tradesman who fell from scaffold.
$6
Million
for negligence of a forklift driver causing partial loss of a foot.

Laws Governing Rental Car Accidents

Laws governing rental car accidents involve state traffic regulations, liability rules, and insurance requirements. In most jurisdictions, including Illinois, rental companies must provide minimum liability insurance. Renters are typically responsible for damages they cause, and their personal auto insurance may cover rental car accidents. Additionally, renters can purchase supplemental insurance through the rental company. Laws require rental companies to maintain their vehicles properly and ensure they are safe to drive. In case of an accident, determining fault follows standard traffic laws, and both parties must report the incident to law enforcement and their respective insurance companies. Consulting a rental car lawyer can clarify legal obligations and rights.

How Does Rental Car Accident Liability Work?

Rental car accident liability in Illinois involves multiple factors, including state traffic laws, the rental agreement, and insurance coverage. Understanding how these elements interact is crucial for determining who is responsible for damages and how compensation is handled.

Determining Fault

In Illinois, determining fault in a car accident relies on negligence principles. The driver who is found to be negligent, meaning he or she failed to exercise reasonable care while driving, is typically held liable for the damages. In rental car accidents, the process of determining fault involves:

  • Police Reports: After an accident, the involved parties should call the police to document the scene and gather witness statements. The police report is critical in determining fault.
  • Insurance Investigation: Both the rental company’s insurance and the renter’s personal auto insurance will investigate the accident to determine liability.

Insurance Coverage

Rental car companies in Illinois are required to provide the state’s minimum liability coverage. However, renters are usually offered additional insurance options to cover damages. These include:

  • Loss Damage Waiver (LDW): Also known as a collision damage waiver, this option covers damage to the rental car, potentially absolving the renter of financial responsibility for the car’s repair or replacement.
  • Supplemental Liability Insurance (SLI): This provides additional liability coverage above the state-required minimum, covering third-party bodily injury and property damage.
  • Personal Accident Insurance (PAI): Covers medical expenses for the renter and passengers in case of an accident.
  • Personal Effects Coverage (PEC): Covers personal belongings inside the rental car that may be damaged or stolen.

Primary vs. Secondary Coverage

Understanding primary and secondary coverage is essential in rental car accidents. Primary coverage is the first layer of insurance that pays out in the event of a claim. If the renter has purchased insurance directly from the rental company, it typically acts as primary coverage. If the renter declines the rental company’s insurance, his or her personal auto insurance usually acts as secondary coverage. This means it only covers what the rental company’s insurance does not.

Legal Considerations

There are legal considerations that may apply to determining liability in your rental car accident claim. These include:

  • Rental Agreement: The rental agreement often contains clauses that outline the renter’s responsibilities and limitations in the event of an accident.
  • State Laws: Illinois follows a comparative negligence rule, which means if both parties are partially at fault, liability is distributed based on the percentage of fault. If the renter is found to be more than 50% at fault, he or she may be barred from recovering damages from the other party.
  • Third-Party Claims: If a third party is injured or has property damaged, he or she can file a claim against the renter’s insurance or the rental company’s insurance, depending on the coverage.

Navigating rental car accident liability in Illinois requires understanding the interplay between state laws, rental agreements, and insurance policies. Renters should familiarize themselves with the insurance options provided by rental companies and ensure they have adequate coverage. In the event of an accident, consulting with a legal professional can provide clarity and assist in handling complex cases.

Did you wreck in your rental car? Call Ankin Law at (312) 600-0000 for help.

What to Do After a Rental Car Accident

The steps you take after a rental car accident can determine the trajectory of a subsequent claim. Should an accident occur, the following actions can help protect your physical and financial recovery:

Seek Medical Attention

After a rental car accident, the first priority is to check for injuries among all those involved. Assess yourself and passengers for signs of injury, no matter how minor they may seem. If there are injuries, call emergency services immediately. Prioritizing medical attention is crucial, as timely care can prevent complications and ensure that all injuries are properly documented.

Even if you feel fine immediately after the accident, it’s essential to visit a doctor. Some injuries might not be immediately apparent and could manifest later. Keeping detailed medical records, including reports, bills, and treatment plans, is crucial for supporting your insurance claims and legal actions.

Report the Accident

Call the police to the scene so they can document the incident and gather witness statements. Providing accurate and factual details to the police is essential, as the police report will play a role in insurance claims and legal proceedings.

Notify the rental car company about the accident as soon as possible. Each rental company has protocols for dealing with accidents, including where to take the vehicle for repairs. Follow their instructions and provide them with all necessary information.

Contact the applicable auto insurance provider promptly to report the accident. Provide them with all relevant documents, including the police report, photos of the accident scene, and witness statements. This will help in processing your claim efficiently.

Gather Evidence

Collecting evidence at the accident scene is crucial. Take detailed photographs of the scene, including vehicle damage, road conditions, and any visible injuries. Gather contact information and statements from any witnesses present. Additionally, exchange insurance and contact information with the other driver(s) involved in the accident.

Ensure you obtain a copy of the police report for your records. Keep a copy of your rental agreement as well, which outlines your responsibilities and coverage. Having these documents will support your claims and legal standing.

Consult a Rental Car Accident Lawyer

A rental car accident lawyer can provide valuable guidance on your rights and obligations. A lawyer can help assess the strength of your case, particularly if there are disputes over liability or if you have suffered injuries.

A lawyer can assist in dealing with insurance companies, ensuring you receive fair compensation. He or she can navigate the insurance claim, negotiate settlements on your behalf, and handle all communications with insurance adjusters. If litigation becomes necessary, your lawyer will prepare and represent you in court, handling all legal aspects of the case. Having an experienced car accident lawyer ensures your interests are protected.

What Damages Are Available Through a Rental Car Accident Claim?

Damages in rental car accident claims mirror those available in a traditional car accident case. They are categorized as compensatory and punitive damages. Compensatory damages are further divided into economic and non-economic damages.

Economic Damages

Economic damages are quantifiable financial losses resulting from an accident. In a rental car accident claim, medical expenses are often the most significant economic damages. These include costs for emergency room visits, hospital stays, surgeries, medication, physical therapy, and any future medical treatments related to the injuries sustained. Additionally, medical equipment such as wheelchairs or crutches may also be covered.

If the accident causes the injured party to miss work, he or she can claim lost wages. This encompasses the salary or wages lost during the recovery period and future earnings if the injuries lead to long-term disability or impairment. In cases where the injured party can no longer perform his or her previous job, compensation for lost earning capacity may also be sought.

Any other expenses directly related to the accident can be claimed as economic damages. This includes costs for transportation to medical appointments, home modifications required due to disability, and other incidental costs incurred as a result of the accident.

Non-Economic Damages

Non-economic damages compensate for the intangible losses resulting from an accident. Pain and suffering refer to the physical pain and emotional distress experienced by the injured party. This can include chronic pain, discomfort, and emotional impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD).

If the injuries affect the relationship between the injured party and his or her spouse, he or she may claim loss of consortium. This covers the loss of companionship, affection, and support that the spouse experiences due to the injuries. In some cases, other family members may also claim loss of consortium if the injuries impact familial relationships.

When injuries lead to a diminished ability to enjoy daily activities, hobbies, and overall quality of life, compensation can be sought for the loss of enjoyment of life. This accounts for the impact on the injured party’s ability to engage in activities they previously enjoyed, such as sports, travel, or social interactions.

Punitive Damages

Punitive damages are awarded not to compensate the victim, but to punish the at-fault party for egregious conduct and to deter similar behavior in the future. These damages are not always available and are reserved for cases where the at-fault party’s actions were willfully negligent, malicious, or demonstrated a reckless disregard for the safety of others.

In the context of rental car accidents, punitive damages may be sought if the accident was caused by behavior such as drunk driving, reckless driving, or intentional misconduct by the at-fault party. Additionally, if the rental company is found to have knowingly rented out a defective or unsafe vehicle, punitive damages might be pursued.

A rental car accident claim can encompass a wide range of damages to fully compensate the injured party for his or her losses. Understanding the full spectrum of available damages ensures that victims of rental car accidents can seek comprehensive compensation for their losses.

Frequently Asked Questions About Rental Car Accident Claims

1

Who Pays for a Rental Car Accident?

Responsibility for paying for a rental car accident typically falls on the renter’s insurance, the rental company’s insurance, or the at-fault party’s insurance, depending on liability and coverage. If the renter purchased additional coverage from the rental company, it might also cover damages and expenses.

2

How Long Do I Have to File a Rental Car Accident Claim?

In Illinois, you generally have two years from the date of a rental car accident to file a personal injury claim. However, it’s essential to act promptly and consult with a lawyer to ensure all deadlines are met.

3

Do I Need a Lawyer After a Rental Car Accident?

Consulting a lawyer after a rental car accident is advisable. A lawyer can help navigate insurance claims, determine liability, negotiate settlements, and ensure you receive fair compensation for damages and injuries. Legal experience is especially crucial if there are liability disputes or injuries involved.

What Our Clients Say About Us

I would just like say thank you to Scott for helping me.l really want to give these 5 stars to Alex Quigley, who corresponded with me ever since l signed up with Ankin law. I mean when l tell you she kept me abreast on everything.

Even when l thought l was being a bother and being impatient, she always came back with a positive email.l appreciate her being informative and allowing me to understand things better and moving forward.

Thank you so much, Alex.

~ Cy Townsend