You drive a rental car and are involved in an accident caused by someone else. Or, a rental car driver slams their vehicle into you and your vehicle, leaving you with injuries. In either of these scenarios and many others, review your legal options with a Mt. Pleasant rental car accident lawyer.
Shelly Leeke Law Firm has more than 10 years of personal injury case experience. Let a Mt. Pleasant car accident lawyer from our firm assist you with your case. Schedule a free case consultation today.
Liability when a Motorist Drives their Vehicle into Your Rental Car
A motorist is negligent and crashes their vehicle into your rental car. In this scenario, the other driver could be held responsible for your crash-related losses. To recover damages from them, meet with a Mt. Pleasant personal injury lawyer.
Your lawyer can examine the facts surrounding your accident. They will consider your quantifiable and subjective losses. If you have grounds for a lawsuit, they can help you seek damages promptly.
Shelly Leeke Law Firm focuses on getting our clients the optimal case results. We are available to discuss your rental car crash case and can represent you in your lawsuit against a liable motorist. Request a free case consultation.
Liability if You Get into an Accident with a Rental Car
You are required to have automobile insurance if you live in South Carolina and operate a motor vehicle. This applies to individuals who own or rent a car. If a rental car driver is at fault for your accident, you can notify your insurance carrier, which can start a claim.
The insurance claims process can be challenging. A rental car accident lawyer in Mt. Pleasant can protect your legal rights every step of the way. They can help you show that you are not liable for your accident and should be compensated accordingly.
A liable motorist’s insurance company could deny your claim or offer a lowball settlement. Your Mt. Pleasant rental car accident lawyer can assist you in both of these situations. They can negotiate a settlement for you or help you submit an injury lawsuit.
How a Mt. Pleasant Rental Car Accident Lawsuit Works
A rental car accident attorney in Mt. Pleasant can explain how much time you need to request off after your crash. They may encourage you to file a lawsuit in alignment with South Carolina’s statute of limitations of three years. Otherwise, if you do not submit your claim within this window, you may be solely responsible for your collision-related losses.
Once you file your lawsuit, your lawyer helps you build a body of evidence. You may use accident scene photos and videos, witness statements, and other proof. In the same way, the defendant in your lawsuit may gather evidence to support their argument.
If you have a compelling body of evidence, the defendant may be inclined to propose a settlement. When you partner with an attorney who has received many positive client testimonials, you could collect sufficient evidence to prompt the defendant to offer a fair settlement. If you approve this offer, you can close your case without having to go to trial.
Damages You Can Receive in Your Lawsuit
You could qualify for economic and non-economic damages. Before you file your lawsuit, your attorney can explain what compensatory damages are and how much your case may be worth. Reasons why you could receive compensation from any liable parties include:
- Medical expenses
- Loss of income
- Pain and suffering
- Loss of enjoyment
Requesting damages does not guarantee you will receive compensation for your accident-related losses. Your Mt. Pleasant rental car accident lawyer understands this. They work diligently to prepare an argument that will resonate with a judge or jury and make it clear that you should be awarded full damages.
How to Prove that a Liable Party was Negligent
Your evidence can help you prove that an at-fault party was negligent. With your lawyer’s help, you can use your evidence to craft an argument that leads a judge or jury to rule in your favor. In your argument, you can verify that the following elements of negligence were present at the time of your crash:
- Duty of Care: This means that a party had a legal obligation to avoid doing anything careless or reckless that could put you or others in danger.
- Breach of Duty of Care: If the party violates their duty of care, they commit an act of carelessness and recklessness.
- Causation: Since the party committed a particular act, your accident happened, and you got hurt during the incident.
- Damages: You are dealing with losses due to the incident.
Your Mt. Pleasant rental car accident attorney can share a breakdown of negligence laws in South Carolina. They consider ways to highlight the facts of your accident and disprove the defendant’s argument against you. If they succeed, a judge or jury may have no concerns about providing you with damages.
How Modified Comparative Negligence Can Impact Your Case
There are times when South Carolina’s negligence laws impact claim value. For instance, you are involved in an accident involving a rental car, and both you and the other driver share the blame for the incident. Based on modified comparative negligence, you may get only a portion of the damages you request in a rental vehicle accident lawsuit.
With modified comparative negligence, the damages you recover in a personal injury lawsuit can be reduced by your percentage of fault. If you are 1-50% to blame for your injuries, you may receive a fraction of the damages you initially sought. In a situation where you are more than 50% at fault, you may be ineligible to receive damages.
Your lawyer can teach you about modified comparative negligence. They will search for ways to prove that you should not be held accountable for your accident-related losses. On top of that, they can contest the defendant’s claims against you.
Hire a Rental Car Accident Lawyer who Can Address Your Legal Concerns and Questions
Shelly Leeke Law Firm offers legal guidance and support to those who were involved in rental car collisions.
Our legal team can assess your personal injury case in detail. Contact us today for more information.
