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 other cities. Unfortunately, more rental cars being driven by people unfamiliar with local roads means a lot more opportunities for traffic collisions, and a bigger chance for people caught up in those crashes to suffer serious physical 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 financial recovery. Getting favorable outcomes from claims built around rental car accidents in Las Vegas can be far from simple, though. So, retaining a dependable car accident lawyer from Shook & Stone should be a top priority for anyone trying to get paid what they deserve.
Recovering Compensation from a Negligent Rental Car Driver
When people driving rental cars cause traffic accidents in Nevada, any person injured in that wreck will typically have grounds to demand compensation first 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. In both scenarios, it may be important 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 duty they had under state law to obey traffic laws and generally act responsibly behind the wheel
- That “breach of duty” 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
This is not strictly necessary in every rental car accident in Las Vegas. Still, it can be crucial if you suffer a serious injury that will lead to you missing a lot of time from work or caused a permanent disability.
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.
As a qualified legal professional can explain, Nevada state law 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. Furthermore, if you hold a majority of total fault for your injury, you may not have grounds to file suit at all, which can make it substantially more difficult to get insurance companies to cover your damages as well.
A Las Vegas Attorney Can Help Handle a Rental Car Accident Claim
The involvement of a rental car in an auto accident 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 caught up in a rental car accident in Las Vegas, contacting Shook & Stone for custom-tailored guidance and support should be a top priority. Call today for a free consultation.