Being injured in a rental car accident can be stressful, especially if you’re away from home. In Massachusetts, specific laws and insurance regulations can complicate the claims process for rental car accidents. Understanding the steps to take after a crash, how liability is determined, and what insurance covers is essential for protecting your health and finances. This guide highlights key actions, potential challenges, and how an experienced Massachusetts car accident lawyer can help you seek fair compensation.
- Federal and state laws can influence liability in rental car accidents.
- Handling insurance claims after a rental car accident in Massachusetts can be challenging, especially if you do not reside in the area.
- DiBella Law Injury and Accident Lawyers have extensive experience managing car accident cases and a proven track record of securing significant compensation for clients.
Steps To Take After a Rental Car Accident Injury
Here’s an overview of what to do after being involved in a rental car accident:
- Ensure safety: If someone is visibly hurt, dial 911 and ask for medical assistance. If you are close to busy traffic, try to relocate to a safe area, but do not leave the accident scene.
- Report the accident: In Massachusetts, if you’re in a car accident causing injury, death, or damages over $1,000, you must file a motor vehicle crash operator report within five days, even if law enforcement did not respond to the accident.
- Document the scene: Take photos of the accident scene, vehicles, license plates, damage, road conditions, and visible injuries.
- Exchange information: Get names, addresses, phone numbers, driver’s license numbers, and vehicle descriptions of everyone involved in the accident.
- Contact the rental car company: Report the accident to the rental car company immediately. Rental car companies usually provide a contact number for accidents in the rental agreement.
- Notify your insurance company: Contact your insurance company to report the accident and provide them with the necessary details. However, be cautious when speaking with insurance adjusters and consult an accident lawyer before accepting settlement offers.
- Follow-up medical care: Some injuries after an accident may not be immediately visible. It is crucial to see a doctor promptly after the accident to evaluate hidden or lingering injuries.
- Consult with an accident lawyer: An experienced car accident attorney can navigate the complexities of personal injury law, negotiate with insurance companies, and assist you in pursuing fair compensation for your medical expenses, lost wages, and suffering.
Understanding Rental Car Accident Liability in Massachusetts
Determining liability in a rental car crash in Massachusetts can be complex. Here are examples of parties that could be held liable in a rental car accident:
- Negligent driver: Other drivers can be held liable for the accident if they were negligent in their actions, such as driving distracted, recklessly, or under the influence of alcohol.
- Rental car company: If maintenance issues caused the accident, the rental car company could be held liable if it failed to maintain the car properly.
- Government entity: Government entities may be liable for unsafe roadway conditions if those conditions contributed to an accident. They may also be responsible if a government vehicle was involved in the incident.
- Parts manufacturer: If a faulty part in the car caused the accident, the manufacturer of that part could potentially be held accountable.
Federal and state laws can affect liability in a car accident. For instance, the Graves Amendment is a federal law that shields rental car companies from certain liabilities, such as damages or injuries caused by someone driving their vehicle. Additionally, Massachusetts follows a comparative negligence law. This allows drivers to recover damages if they are less than 51 percent at fault for the car accident.
Breakdown of Rental Car Insurance Coverage
Massachusetts is a no-fault state, which means all drivers must carry personal injury protection (PIP) coverage. This type of insurance covers certain damages regardless of who is at fault in an accident. The following are other types of insurance that may provide coverage in the event of a rental car accident:
- Collision Damage Waiver (CDW) and Loss Damage Waiver (LDW): Although it’s not technically considered insurance, rental car companies often provide this coverage as an optional add-on. This coverage protects you from financial responsibility for damage caused by accidents, theft, or vandalism. However, it does not cover personal injuries or liability for damages to other drivers.
- Personal Liability Insurance: This covers damages or injuries you may cause to others while driving a rental vehicle. However, it does not cover any damage to the rental car itself.
- Personal Injury Protection (PIP): PIP covers up to $8,000 for medical expenses and lost wages, regardless of who is at fault for the accident.
- Medical Payments Coverage (MedPay): This optional add-on to car insurance pays medical expenses for you and your passengers.
- Credit Card Rental Coverage: This type of insurance generally becomes available when you pay for a rental vehicle using a credit card. It provides coverage for damage to the rental car in the event of an accident. This insurance often serves as secondary coverage, meaning it kicks in after you use your personal auto insurance policy.
Remember, rental car insurance has its limits on what it will cover and how much. Some common types of coverage gaps for rental cars include:
- Loss of use: If the vehicle is unusable due to damage, the rental company may charge you for the income they lose while it is being repaired.
- Diminished value: Rental companies may impose a fee to compensate for a vehicle’s diminished resale value due to being damaged and repaired.
- Administrative fees: Should an accident occur, rental companies may shift the cost of the claim processing fee onto you.
Filing a Rental Car Accident Injury Claim in Massachusetts
Dealing with claims after a rental car accident in Massachusetts can be challenging, especially if you are unfamiliar with the area and live out of state. Hiring an experienced Massachusetts car accident lawyer can alleviate some of this burden by managing your claim. This is particularly beneficial when you encounter common challenges such as the following:
- Disputes over liability
- Dealing with multiple insurers
- Gathering evidence
- Strict deadlines
- Differing claims processes or requirements compared to regular car accidents
You can rely on our Massachusetts car accident lawyers to keep you informed, answer your questions, and provide compassionate support. Contact us today for a free case review.
Rental Car Accident FAQs
What if My Rental Car Accident Injury Claim Is Denied?
If your rental car accident claim was denied, you can file an appeal. A car accident attorney can help you with the appeal process by gathering evidence, negotiating with the insurance company, and filing a lawsuit if necessary.
How Long Do I Have To File a Rental Car Accident Injury Claim in Massachusetts?
Massachusetts’ car accident statute of limitations typically allows three years from the date of the injury to file a claim. However, different time limits or notice requirements may apply in cases involving government entities, wrongful death, or other special circumstances. Consulting a personal injury lawyer can help you understand the specific deadlines and notice requirements relevant to your case.
What Types of Damages Can I Claim After a Rental Car Accident?
If you are severely injured in a car accident in Massachusetts because of someone else’s negligence, you may be entitled to different damages, including economic, non-economic, and punitive damages.
Economic damages cover your financial losses, such as medical bills and lost wages. Non-economic damages, on the other hand, address the more subjective impacts of the accident, like pain and suffering. In rare instances, a court may award punitive damages to punish the other party for intentional or reckless conduct.
When To Contact DiBella Law
If you were seriously injured in a rental car accident, it is important to consult with an experienced Massachusetts car accident lawyer before speaking with insurance company representatives or accepting any settlement offers. Insurance companies operate for profit, and their main goal is to minimize their payouts by offering low settlement amounts or denying your claim altogether.
At DiBella Law Injury and Accident Lawyers, we have extensive experience dealing with insurance companies and a proven track record of securing substantial case results for our clients.
Contact us online or call 855-DiBella for a free consultation.