Rental car lawsuits can be tricky if you have never taken any legal action before. You may not know who you can sue or what steps to take if you want to pursue financial compensation. The accident may even put you out of commission and prevent you from working or living your normal life for some time. If you need to figure out how to file lawsuit against Avis, the rental car agency, you have come to the right place. We can provide you with a rental car traffic accident lawyer who will gladly bring you the maximum compensation you deserve. The Downtown LA Law Group has years of experience with rental agency lawsuits.
Rental Car Insurance
Rental cars are usually used by tourists and visitors who are in town for some time and do not wish to use public transportation. They may avoid buses, trains, and taxis in favor of renting a car from a company like Avis. The cost of renting a car is generally very cheap, usually only running you less than $100 for a week.
In order to rent a vehicle, you will need to have a valid driver’s license, updated auto insurance, and you must be over the age of 21. Although it is required to have your own personal insurance coverage, Avis will likely offer you some kind of additional coverage to protect you in the event of an accident. This coverage may be the bare minimum or it may be quite comprehensive.
The basic damages in an accident can be offset with the purchase of a collision damage waiver. This means that any cosmetic damage that happens to the car can be covered by Avis, and the renter will be off the hook. Other offers will contain coverage for physical injuries and harms, reimbursement of lost property or damaged items, and payment for any deaths or loss of life. It will vary from company to company, but if you do purchase a policy from Avis to supplement your own insurance during a trip, you may be adequately protected.
On the other hand, if you are involved in an accident with someone who has purchased no such plan, you will likely only have to deal with the individual’s insurance agency. It is recommended that you speak with one of our rental car accident attorneys if you are involved in a crash and want legal representation.
Causes of Rental Car Accidents
Rental car accidents can happen for many reasons. As noted, the majority of people driving the cars are often not familiar with the areas. They may be paying attention to their phones and GPS devices, which can lead to inattention on the road. They may not know local laws, speed limits, and other necessities in an area. In other cases, the drivers may simply not be as careful with rental cars because they do not on the vehicles. If they do not have to worry about any damages or possibly not being able to go to work, they will treat the cars with less respect and care.
Other reasons rental car accidents occur can include:
- Ignoring right of way laws
- Turning without signaling
- Drunk driving
- Fatigued driving
- Turning into oncoming traffic
- Merging improperly
- Texting while driving
- Poor weather conditions
- Road defects
- Vehicle malfunctions
If a rental car driver acts negligently and gets into an accident with you, you can file a lawsuit against Avis. It is recommended that you seek out the help of an experienced rental car traffic accident attorney for more assistance.
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Rental Car Accident Injuries
A car crash can result in numerous types of injuries, some of which may be permanent and life-changing. In some events, rental drivers are going too fast or not paying enough attention to the road. This can lead to T-bone accidents and head-on collisions, which may result in some of the worst damages possible. Examples of injuries include:
- Broken bones
- Severed limbs and digits
- Closed head injuries
- Traumatic brain injuries
- Muscle damage
- Nerve damage
- Neck and spinal cord injuries
- Herniated discs
- Knee and hip injuries
Your injuries will be the primary factor in determining the value of your lawsuit. If you have been severely hurt and your injuries prevent you from completing your job duties or if they have a permanent effect on your life, you will likely earn more for your claim. However, it will be up to a skilled Avis car rental accident attorney to negotiate the fairest deal for you. Contact our law firm for more help.
How to Sue Avis for a Rental Car Accident
In many cases, you cannot sue Avis for damages you suffered in an accident involving one of their vehicles. You will only be able to take legal action against the driver of the vehicle and not the rental company. This is because the driver is the only one responsible; the rental company did not have any part in the crash.
However, even if the rental company does not have specific drivers, there are ways that they can contribute in some way to an accident or potentially be held liable for the actions of another party. For example, as stated above, all prospective renters must be over 21 and have a driver’s license and auto insurance.
If Avis rents out a vehicle to someone who is not of legal age or does not have valid coverage or identification, then the company can be held accountable for any ensuing damages resulting from an accident. This is because the driver technically should not have been allowed on the road, but Avis gave him an opportunity.
Additionally, all Avis cars must be adequately inspected before they are sent off with other customers. If the agent does not inspect the vehicle, he may not catch certain issues. Cars can easily develop problems in between customers and there may be various malfunctions or defects that arise, such as brake problems or engine troubles. Some electrical issues can also go unresolved. If an agent does not inspect the vehicle and an accident happens due to a defect that should have been caught by the agency, you could take action against Avis.
To sue, you would need to show that you were owed a duty of care that was breached in some way, and that the breach led to an accident and physical injuries. You will likely be able to file a claim against both the responsible driver and Avis if circumstances allow it. All personal injury lawsuits must have these four points of negligence established to be successful.
For more help, you can contact an Avis rental car crash lawyer.
Time Limit to File a Lawsuit against Avis
In the State of California, you will not be able to file a lawsuit against Avis past the 2-year deadline if you were injured in a rental car accident. The limit exists to ensure that claims are sufficiently handled and do not drag on. The sooner you file a claim, the more likely it is that you will have a fair amount of evidence that won’t get lost or corrupted.
There are a few common exceptions to the statute of limitations; if you were under 18 at the time of the incident, you won’t have to adhere to the claim until you turn legal age. You will also not have to follow the statute if you were incapacitated due to injuries. If the defendant left the state, the deadline would also freeze.
You can learn exactly when the time limit will expire and be sure that your claim will be filed on time if you speak with our Avis rental car accident attorneys.
Earnings from an Avis Car Accident Lawsuit
By filing a lawsuit against Avis for damages suffered in a car accident, you could earn various types of compensation for your damages. Our lawyers will strive to bring you the maximum settlement available under the law, and we will relentlessly pursue every penny you deserve. You may be able to receive full coverage for the following:
- Medical expenses from the past and future
- Property damage to your vehicle and other personal items
- Lost income from the past and future
- Pain and suffering damages for emotional and psychological trauma
- Wrongful death damages if a family member or loved one died as a result of the accident
- Punitive damages if you were intentionally harmed by the responsible driver or if he acted with gross negligence
We will work to secure you fair restitution from Avis if you were involved in an accident. Call our rental car accident lawyers today.
Choosing the Right Firm for You
If you wish to sue Avis for damages from a rental car accident, you can contact our offices at the Downtown LA Law Group. Our expert lawyers will be able to handle your case for you. We have recovered millions of dollars for our clients, and taking legal action against a rental company like Avis is not new to us. We are aggressive in our pursuit and won’t stop until we are satisfied with the results.
Reach out to our lawyers today for a free legal consultation with one of our qualified lawyers. We will help you understand the legal process and will answer any questions you have about your claim. If you want a second opinion because you already have an attorney, we’ll gladly tell you our opinion of your case and if you are getting the help you deserve from your current lawyer.
If you wish to hire us, we’ll give you our zero fee guarantee. This will prevent you from spending any of your own money throughout the case. We will get paid if and only if we win, and if we lose, we do not get any payment whatsoever. Your financial security is important to us.