You drive a rental car when a negligent motorist slams their vehicle into yours. Or, a driver is traveling in a rental when they crash their car into yours.
In either of these instances, it pays to partner with a Charleston rental car accident lawyer who can help you request damages from the liable motorist.
The Shelly Leeke Law Firm has more than a decade of personal injury case experience. Trust a Charleston car accident lawyer from our team to help you with your case. Contact us today to get started.
Who Can Be Liable for a Rental Car Accident
The driver of a rental car can be held responsible for an accident. For instance, a motorist runs a red light in a rental and causes a collision. This driver can be held responsible for the accident and all associated losses.
If a rental car driver is negligent and gets into an accident, this individual can be held accountable. Alternatively, there are scenarios where a rental car company or another third party is to blame for a crash. If you are unsure of who is at fault for your auto collision involving a rental vehicle, it may be best to pursue legal help.
The Shelly Leeke Law Firm makes it easy to connect with a proven Charleston personal injury lawyer. We can determine who is at fault for a multi-vehicle accident and help you recover damages from any parties liable for your rental car crash. Schedule a free case consultation with us.
How Much Time You Have to File a Charleston Rental Car Accident Lawsuit
Per South Carolina Code of Laws Section 15-3-530, the statute of limitations for filing a personal injury lawsuit is three years. Following a rental car collision, you have three years to sue for damages. Beyond this window, you may be solely responsible for your crash-related losses.
A rental car accident lawyer in Charleston can help you request damages. They will review your auto crash and determine liability. From here, they can help you secure compensation through a lawsuit or insurance claim.
South Carolina has automobile insurance requirements. If a driver is at fault for an accident and you are driving a rental at the time of the crash, this motorist’s insurance carrier could cover your losses. Your attorney can help you with your insurance claim and put you in a great position to receive adequate compensation.
How Much Your Charleston Rental Car Accident Case Is Worth
Your rental car accident attorney in Charleston wants you to pursue the most compensation possible. They can explain what are compensatory damages and help you calculate your economic and non-economic losses. Reasons why you could get damages include:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment
You have the legal right to ask for damages, but you must prove to a judge or jury that you deserve them. There is a high burden of proof in an auto collision case.
Your attorney understands this, and they will work diligently to show the court that the defendant in your case should be ordered to pay full damages.
Evidence that Can Help You Win or Settle Your Case
The proof needed in a South Carolina personal injury claim varies. Your rental car accident lawyer will gather as much evidence as they can to compel a judge or jury to rule in your favor. Proof that could be used in your case includes:
- Photos and videos from the scene of your accident
- Statements from witnesses who saw your accident happen
- Medical records detailing how badly you were hurt
- A rental car’s maintenance records
- Police report that includes information relating to your accident
Saying the defendant in your lawsuit is responsible for your crash is not enough to recover damages. Your attorney will consider your proof and the evidence that the defendant intends to use against you.
If you have a wealth of evidence, it may be difficult for the defendant to argue against you, and they may be inclined to offer a fair settlement.
Establishing Negligence in a Rental Car Collision Case
Your rental car accident attorney can provide a breakdown of negligence laws in South Carolina. They search for ways to make it clear to a judge or jury that the defendant in your case was negligent. Your attorney will attempt to show that the following elements of negligence were present at the time of your accident:
- Duty of Care: A party has a legal obligation to avoid doing anything that could put you or others in danger.
- Breach of Duty of Care: The party acted carelessly or recklessly and endangered you or others.
- Causation: The party’s actions led to your accident.
- Damages: You incurred losses because of the party’s actions.
How you argue your case and how the defendant contests your claims can determine if a judge or jury will award damages. Ideally, your attorney will convince the court that the defendant chose to act negligently. If your lawyer is successful, you could receive sufficient damages.
How Comparative Negligence Can Affect Your Case Result
A judge or jury could say you and the defendant share responsibility for your rental vehicle accident. In this scenario, you could get partial damages. On the other hand, the court could find you are primarily responsible, and you may be ineligible to receive compensation from the defendant.
Your lawyer can answer any questions you have about comparative negligence. With comparative negligence, you can recover a portion of the damages you request if you are 1-50% liable for your rental car accident. If you are found to be more than 50% to blame, you may be fully responsible for your crash-related losses.
The defendant in your case may allocate substantial time and resources to disprove your argument. Your lawyer accounts for the defendant’s case and plans accordingly. This allows your attorney to dispute the defendant’s argument and boost your chances of securing the damages you request.
Work with a Charleston Rental Car Accident Lawyer Who Has a Track Record of Success
The Shelly Leeke Law Firm knows what challenges you could face if you move forward with a rental car accident lawsuit.
We are available to assist you at each stage of your litigation. Request a free case consultation with us.
