The Elgin area receives thousands of visitors every year. Many of whom drive a rental car to go sightseeing or conduct business. In addition, you may need a rental car while your own vehicle is undergoing maintenance.
In some circumstances following a car crash, you will need to file an insurance claim with your own policy. In others, the rental company or even credit card you used when you picked up the car, may provide protection. Regardless, it is always necessary to prove that another driver was to blame for the incident. An auto collision attorney at the Law Offices of R.F. Wittmeyer, Ltd. could help you pursue the compensation that you deserve after rental car accidents in Elgin.
Liability in a Rental Car Crash in Elgin
The state’s law concerning modified comparative negligence mean that whether you are in a crash with a personal or rented car, your behavior behind the wheel will be considered. 75 Illinois Compiled Statutes 5/2-1116 states that courts must evaluate the actions of all parties involved in accidents and assign liability based upon those actions. If an injured person driving a rental car is more than 50% responsible for a collision, that renter cannot collect compensation for their losses.
As a renter, it is always essential to prove that another driver caused a collision. An experienced attorney at the Law Offices of R.F. Wittmeyer, Ltd. could help evaluate their fault for a collision with a rental car.
Legal Concepts following Collisions with Rented Vehicles
Because so many out-of-town visitors drive in the Elgin area, a significant portion of collisions involve rented vehicles. Thankfully, the fact that another driver was in a rented car has little to do with whether a person can collect compensation for their losses.
All drivers assume a duty to protect others while behind the wheel. This means that they are personally liable for their actions that may cause harm to others. In addition, rental car companies must always maintain insurance policies on their vehicles, which a renter can purchase. Therefore, through either a lawsuit against the liable driver, an insurance claim against the rental company’s policy, or both, injured individuals can pursue fair compensation for their losses.
735 ILCS 5/13-202 says that people may have only two years after a collision to seek compensation. Discussing rental car accidents in Elgin immediately with a knowledgeable lawyer provides the best chance for success.
Protect Your Legal Rights after Rental Car Collisions in Elgin
Crashes involving rental vehicles in Elgin are unfortunately common. Out-of-town operators may not be understand local traffic rules nor the behavior of local drivers. Regardless, there is a total duty for renters to obey all relevant traffic laws and keep their attention on their surroundings.
People who have endured injuries after a collision involving a rental car in Elgin have the right to pursue compensation. This can include payments for medical costs, missing wages, and emotional trauma. Even so, the fact that one car was rented can create complex insurance questions. However, the idea that you or another driver was operating a rental vehicle does not limit your right to compensation. Reach out to a lawyer at the Law Offices of R.F. Wittmeyer, Ltd today to discuss rental car accidents in Elgin in more detail.
