Given how much of Las Vegas is built around tourism, it should come as no surprise to hear that our streets have a higher-than-average number of rental cars on them on a typical day compared to many other cities. Unfortunately, more rental cars being driven by people unfamiliar with local roads means a lot more opportunities for traffic collisions and serious injuries.
If you were hurt in a wreck caused by a negligent rental car driver, or if you were driving in a rental car when another negligent driver caused you to get into a wreck, you likely have grounds to pursue a financial recovery. A Las Vegas rental car accident lawyer can help you pursue your losses.
Getting a favorable outcome after a rental car accident in Las Vegas can be far from simple, though. So, retaining a knowledgeable car accident lawyer in Las Vegas from Shook & Stone Injury Lawyers should be a top priority for anyone trying to get paid what they deserve. We have been serving injury victims since 1997 and can get started on your case today.
A Las Vegas Attorney Can Help Handle a Rental Car Accident Claim
Being injured in a rental car accident in Las Vegas can make seeking financial recovery a lot more complicated. However, it can also give you more options for obtaining the money you need for all your crash-related losses, especially if you have help from experienced legal counsel.
If you were recently in a rental car crash, contacting a rental car accident attorney in Las Vegas from Shook & Stone for custom-tailored guidance and support should be a top priority. Our Las Vegas personal injury lawyers can be your advocates through the entire process. Specifically, we can:
- Gather evidence of the other driver’s negligence
- Obtain medical records and police reports
- Take witness statements
- Read and interpret insurance policies
- Calculate financial losses and property damage
- Send demand letters to insurance companies
- Negotiate settlement offers
- Litigate your case in a civil trial, if necessary
The Importance of Using a Las Vegas Attorney
If you are from out-of-state and get involved in a rental vehicle accident in Las Vegas, you should find a local lawyer to handle your claim. Filing a claim as an out-of-state resident can be difficult because of Nevada’s specific laws about renting vehicles and liability.
A local Las Vegas car accident attorney will understand these rules and have familiarity with local court systems and procedures. Our firm has extensive experience litigating these types of cases and interpreting insurance law. Our Las Vegas uninsured motorist accident lawyers can also represent you if the at-fault driver lacks insurance.
Common Causes of Rental Car Accidents in Las Vegas
Las Vegas has a high number of rental vehicles due to its status as a tourist attraction. Below are some of the most common causes of rental accidents in and around the city:
- Rental car volume. Las Vegas is one of the largest tourist destinations in the country and sees tens of millions of visitors per year. Tourists often rent cars, which leads to a high volume of rental vehicle traffic near places like Harry Reid International Airport (formerly McCarran International Airport).
- Las Vegas traffic. Las Vegas has large thoroughfares and highways, which lead to high volumes of traffic around the city. This is most apparent in major tourist destinations, like the Strip.
- Drivers unfamiliar with local roads. Visitors may be from different states or countries and be unfamiliar with local roads. This can lead to avoidable errors, like distracted driving, speeding, improper merging, or turning the wrong way down a one-way road.
- Driving under the influence. Alcohol-impaired drivers are a significant contributor to auto accidents in Las Vegas for obvious reasons. Drunk driving is behind about 30% of fatal car accidents in the U.S., according to the National Highway Traffic Safety Administration (NHTSA).
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Compensation You May Recover in a Rental Car Accident
A Las Vegas car accident attorney from our firm can pursue financial compensation for the following types of losses:
- Emergency medical expenses and future necessary medical care
- Specialist visits and rehabilitative care
- Loss of work income and other forms of employment compensation
- Reductions in your lifetime expected earnings and future economic opportunities due to disability
- Cost of replacement household services
- Property repair and replacement expenses
- Non-economic damages (e.g., pain and suffering, mental anguish, emotional distress, etc.)
We can perform a comprehensive audit of your financial and psychological losses and derive a figure adequate to compensate you and provide financial stability during healing and rebuilding.
Proving Negligence From Rental Car Drivers
When people driving rental cars cause traffic accidents in Nevada, any person injured in that wreck will typically have grounds to demand compensation from the at-fault driver’s personal car insurance. Then, if that insurance does not cover all of the injured person’s losses, they could seek payments from the insurance coverage held by the rental car company.
Generally, to file an auto insurance claim, you need to establish that the rental car driver was “negligent” in some way. This is critical not just to convince insurance companies to pay for policy-covered losses, but also to open up the possibility of formally filing suit to recover for other forms of harm.
Proving “negligence” in this context specifically entails establishing that all the following criteria were met:
- The other driver did something reckless or careless while driving, which “breached” the legal duty they have to obey traffic laws and generally act responsibly behind the wheel.
- That “breach of duty of care” was the main cause of an accident which likely would not have otherwise occurred.
- That accident caused at least one injury serious enough to require professional medical care.
- All “compensable damages” being sought through the claim stemmed directly from that accident or the injuries it caused
Graves Amendment and Rental Company Liability for Traffic Accidents
Rental companies generally cannot be liable when drivers they rent to are negligent and cause injuries. The Graves Amendment (49 U.S.C. § 30106) is a federal law passed in 2005 that exempts rental companies from civil liability when customers cause accidents resulting in physical injury.
So if you were hit by a rental vehicle, you generally wouldn’t be able to sue the rental company. However, there is an important exception to this rule in Nevada. According to NRS 482.305, rental companies can be liable if they fail to provide insurance or verify the driver has minimum insurance coverage.
What Kind of Insurance Is Available in Rental Car Accidents?
There are a few different options for insurance when renting a vehicle. It’s important to understand what kinds of insurance are in play if you are involved in a crash with a rental vehicle because it’ll affect how the claims process will work:
- Personal auto accident liability. Rental companies typically allow drivers to use their personal auto coverage to pay for injuries after a rental accident. Renters must have minimum state-required coverage.
- Rental company CDW. A collision damage waiver (CDW) is an optional agreement where rental companies agree to not hold the driver responsible for vehicle damage. However, it doesn’t provide coverage for injuries to others.
- Credit card coverage. Many credit cards offer secondary collision coverage and will pay for damages to rented vehicles. However, this offer doesn’t include liability coverage for injuries.
- Uninsured/underinsured motorist coverage. Uninsured motorist coverage is additional coverage that will step in and pay for your injuries if the at-fault driver doesn’t have liability insurance coverage. Underinsured motorist coverage pays if the driver doesn’t have enough insurance.
What If You Get in a Crash While in a Rental Car?
Generally, the process of demanding financial restitution after a rental car crash in Las Vegas does not change much if you were the one driving the rental car in question. However, things can get much more complicated if you are partially at fault for causing the accident because you were also negligent.
Nevada’s comparative negligence rule allows courts to proportionally reduce the total compensation they award to injured people based on the share of comparative fault they hold for their own injury. If you hold a majority of total fault for your injury, you may not have grounds to file suit at all.
The Time Limit to File a Lawsuit in Las Vegas
Nevada typically gives injury victims two years to file a lawsuit after being injured in a car accident. Once the two-year timer expires, you’ll lose your chance to sue for compensation.
The statute of limitations sets extremely strict time limits, and even minor delays can harm your case. You should act quickly by seeing a doctor, collecting evidence, and contacting a lawyer.
Las Vegas Rental Car Accident FAQ
Below are some of the common questions about rental car accidents our team receives. If you have any more specific questions, give us a call to discuss your issues.
Who Is Liable in a Rental Car Accident in Nevada?
Generally, the negligent driver is the party responsible for rental car accidents. So if you are hit by the driver of a rented vehicle, you’d file a claim against that driver’s liability coverage.
Will the Rental Company Cover My Injuries?
No. Rental companies are generally not vicariously liable for negligent drivers under the Graves Amendment. However, a rental company may face direct liability if it was independently negligent (for example, by renting a vehicle to an unlicensed or unqualified driver).
What If I Was Hit By a Rental Car Driver?
If you were hit by the driver of a rental vehicle, you should thoroughly document the scene and get the driver’s rental liability insurance information. You should also get medical attention for your injuries, then speak to an experienced personal injury lawyer to proceed to the next steps of the claim process.
Do I Need a Nevada Lawyer if I’m from Out of State?
You should use a Nevada lawyer if you’re from out-of-state and are hit by a rental driver in Las Vegas. A local lawyer will understand the unique laws governing auto accident liability in the state and will be familiar with local jurisdictions and court processes.
Contact a Rental Car Accident Lawyer in Las Vegas from Shook & Stone Injury Lawyers
Getting into a rental accident can raise additional complications that make it hard to recover your losses. A Las Vegas rental car accident lawyer from Shook & Stone Injury Lawyers can be your advocate and fight to promote your interests and well-being during the claims process.
Call our offices today or contact us online to schedule a free consultation with one of our knowledgeable team members.
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