How to file Lawsuit Against Avis
Suing a rental car agency for an accident is more complicated that you may expect, particularly if you have never filed a personal injury claim. Whether you are entitled to compensation and the steps required to build a strong case are complex matters. In the meantime, you are left with significant medical bills and other financial burdens. Perhaps you are unable to work for a long period of time, and this too, can have a significant impact on your mental and physical well-being.
If you need information on how to file a lawsuit against Avis Car Rental, do not hesitate to contact our law firm. We have a team of experienced rental car accident lawsuit attorneys, who are ready to fight for your rights and the compensation you deserve by law.
Rental Car Insurance Plans
Rental cars are a cheap and convenient way to travel, whether you are taking a vacation or on the road for business purposes. The only requirements are: 1) You need to be over 21 years old, 2) you must have a valid driver’s license, and 3) you must have an active auto insurance policy.
Companies like Avis typically offer additional insurance that covers you in the event of an accident. The level of coverage can be very basic (only for cosmetic damage to the car) to more extensive plans that pay for injuries and vehicle damage to third parties. So, you may be adequately protected if you rent a car from Avis and cause an accident. Conversely, if are hurt in an accident with someone driving an Avis rental car, you can file a claim with the company if the driver purchased a policy for bodily injuries and property damage / loss.
Even if the renter did not purchase a plan through Avis, their personal auto insurance plan may have adequate coverage to provide you with medical expenses, auto repairs, and other monetary damages. This is another party that may be liable for the harm you suffered, even if the driver at fault was driving a rented car rather than their own vehicle.
Injuries from a Rental Car Accident
Car crashes and other accidents involving a car, truck, motorcycle, etc., can cause severe injuries to one or more individuals. People can also die from car accidents, especially from incidents like rear end and head on collisions. Injuries that you can be compensated for include, but are not limited to:
- Deep gashes and puncture wounds
- Severe burns
- Broken bones
- Muscle and ligament tears
- Herniated disc
- Whiplash
- Spinal cord damage
- Dislocated joints
- Traumatic brain injury
- Ankle or wrist sprain
- Permanent nerve damage
- Keloids (scarring) and other forms of disfigurement
- Lost or broken teeth
- Loss of function in the limbs
- Coma
Suing Avis for a Car Accident
With rental cars, many people will have to seek payment from the driver’s insurance company, rather than going after Avis. This is why car rental agencies make sure that customers have an active insurance policy. But as we said before, the customer can choose to purchase coverage through Avis for the time that they are in possession of the car. In these situations, you can file a claim with Avis for any physical injuries, pain and suffering, and damage to your car.
Avis can also be sued if there was a breach in the company’s duty of care. For example, an Avis location failed to make repairs on a vehicle, and this is the reason that an accident occurred. Maybe they failed to conduct proper checks on the renter’s ID and insurance policy, meaning that they rented out a car to someone who failed to meet the company’s requirements
To learn more about who can be sued for accidents involving rental cars, give us a call at your earliest convenience.
Filing a Lawsuit against Avis – How Long Do I have?
The state of California imposes a deadline of 2 years for anyone who is seeking compensation for injuries caused by another party. That means you must file a lawsuit against the negligent driver, Avis Car Rental, or any other entity within 2 years of the accident date. Sometimes, exceptions can be made, but these involve limited circumstances, like being a minor when the accident occurred or a delayed discovery of injuries that are directly related to the event.
In essence, you will lose the right to sue for monetary damages if you do not take action within the 2-year statute of limitations for a car accident.
If you are eligible for a car accident insurance claim or lawsuit, you could ask for numerous damages that are based on your physical injuries, emotional suffering, and loss of or damage to personal property. Compensation that may be recovered includes:
- Current and future medical expenses
- Pain and suffering
- Lost wages, including future wages if you lose the ability to work
- Property damage
- Punitive damages
You can also demand compensation in the event your loved one was killed in a car accident resulting from someone else’s negligence. A wrongful death lawyer can talk to you about these payments and help you obtain payment for funeral expenses, medical costs, loss of expected savings, and other applicable damages.
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