How to Sue Avis Car Rental Agency Car Rental Auto Accident Attorney
Avis is a rental agency that allows you to drive vehicles for short periods of time. The vehicles are often rented out a few times per month and are used by numerous different customers. Because of this, it can be hard to pinpoint just one individual responsible for taking care of the vehicle. However, in the event of an accident, you can look to the individual who was operating the car and hold him responsible. Many times, victims will try to sue the agency, but there are only very specific situations in which this can happen. Fortunately, our skilled lawyers at the Downtown LA Law Group know how to sue Avis car rental agency for an accident. If you’re in need of a car rental auto accident attorney, get in touch with our firm today.
Why Use A Rental Car?
Avis rents out cars for people to use for many reasons. A lot of customers are travelers who are stopping by the city for a short period of time and want to get themselves around instead of relying on public transportation or paying for rideshares and taxi cabs. They would prefer to have something they are comfortable with. Rental cars are also often cheap, and customers can pay less than $30 a day for a car.
What Insurance Do You Have On A Rental Car?
People who drive rental cars use their own insurance when driving. Their personal policies are in effect and will protect them in the case of accidents. However, Avis also offers supplemental insurance to cover certain damages. The most common example is a collision or damage waiver, which frees up the customer from having to be responsible for any cosmetic damage done to the car.
Avis can also offer additional packages with liability coverage, theft coverage, and more. These policies can range from $250 for ambulance expenses to $175,000 for accidental deaths.
Who Can Rent A Car From Avis?
If you wish to rent a car from Avis, you must be over the age of 21 and have a valid driver’s license as well as valid auto insurance. If you do not have these three things, you will not be able to rent a vehicle. There are times, though, when Avis representatives will allow an individual to rent a car without having proof of insurance or while having a suspended license. This is negligent on the part of the company.
How Do Car Rental Accidents Happen?
Generally, those operating rental cars drive with less care than those who drive their own vehicles. They know that they do not own the vehicles and treat them with a little less care than they otherwise would. This is because they only have to pay a small fee if there are damages. They also may not drive the newest or fastest car, and they see it as an opportunity to let loose. In addition to carelessness, a few of the other reasons car accidents happen include:
- Speeding
- Tailgating
- Turning without signaling
- Ignoring right of way laws
- Drunk driving
- Tired driving
- Turning left into oncoming traffic
- Improper merging on the freeway
There are some instances in which the driver of the rental car cannot be blamed for the incident, though. The most common occurrence is with a defective car; the manufacturer may have mistakenly made an error in the production of the vehicle, which could lead to crashes. Further, all rental cars returned to Avis must be properly inspected by the company before being reissued or rented to any customers. The trouble is that many agents do not properly inspect the vehicles and do not notice if there are new issues with the cars. As a result, the risk of accidents is much higher, and liability can be placed on Avis. If you have more specific questions, you can reach out to our Avis rental car accident attorneys the Downtown LA Law Group.
What Are Common Injuries In A Car Rental Accident?
As with any car accident, the potential injuries you can suffer may be severe. The damages can happen from any type of crash, whether a broadside collision, a head-on collision, a rear-end accident, or anything else. Many factors determine the extent of your injuries, such as whether you were wearing a seatbelt, the speed of both vehicles, the angle of the impact, and more. We have seen injuries like the following:
- Concussions
- Traumatic brain injuries
- Closed head injuries
- Facial injuries
- Neck and spinal cord damage
- Disc damage
- Dislocations
- Fractures
- Broken bones
- Sprains
- Torn muscles
- Nerve damage
- Knee and hip injuries
- Internal organ injuries
- Paralysis
- Severed limbs and digits
- Coma
- Death
Your injuries will play a crucial role in determining the value of your claim. You should make sure to contact an Avis rental car accident attorney for more assistance.
How Can I Sue Avis For A Rental Car Accident?
Generally, you will only be able to take legal action against the person driving the rental car, not against Avis, in the event of an accident. There are certain scenarios in which you can sue Avis, though. For example, as listed above, Avis can only legally rent a vehicle to an individual over the age of 21 who has valid insurance and an up-to-date license. If the company allows an underage person or someone without the necessary documents to rent a car, the company can then be held liable for any damages caused in an accident. The individual should not have been in an Avis vehicle, yet a representative allowed him to be.
Further, if the agent does not adequately inspect the vehicle prior to sending it back out with another customer, there are may be hidden problems or slight defects that contribute to crashes. Avis would thus be held responsible if it is shown that there were problems with the car that should have been discovered prior to the latest rental. If you plan to file a lawsuit against Avis car rental agency, you must show these four points of negligence:
- You were owed a duty of care
- The duty of care was breached
- The breach of duty led to an accident
- The accident resulted in physical injuries
If any of these points are shown to be false, you won’t be able to file a claim against Avis. For example, if you were not injured in the accident but you only had damage to your car, you would not be able to file a personal injury lawsuit but would be able to collect monetary compensation for repair costs. It is not always necessary to hire an attorney, especially if there were no physical injuries, but the moment that medical treatment and expenses become introduced to the case, it is extremely wise to speak with an Avis car rental accident attorney. We will gladly gather your evidence and ensure that you are adequately represented when we file a claim with the insurance company.
How Long Do I Have To File A Claim Against Avis?
In California, you only have two years from the date of the injury to file a claim against the responsible party. If you do not file a claim within that time frame, you will be barred from pursuing compensation in the future. The faster you file a lawsuit, the better kept your evidence will be; it won’t get corrupted or lost, and you will have a better chance of success. There are a few exceptions to this rule, such as being a minor at the time of the incident, being mentally or physically incapacitated after the crash, and the defendant not being located in the state when you intend to sue. Our lawyers can key you in on the different exceptions to the statute and will be able to get your claim filed well on time.
What Can I Get From A Lawsuit Against Avis?
A personal injury claim against Avis for damages suffered in a car accident can result in numerous types of compensation, including the following:
- Medical expenses from the past and future
- Property damage
- Lost wages from the past and future
- Pain and suffering
- Punitive damages
- Wrongful death damages
- Reimbursement of rental fees
You will have a higher chance of receiving max compensation if you prove that you were the victim of the accident and you were not liable in any way. Our team of car rental attorneys can secure you every penny you need.
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