When you rent a car while traveling or while your own vehicle is undergoing repairs, the rental company expects you to return it in the same condition as when you rented it. Unfortunately, whenever you share the road with other drivers, you face the risk of experiencing an accident, regardless of how experienced a driver you are.
All car accidents in fault-based accident states like Texas require careful navigation, but a rental car accident in Texas comes with unique considerations for determining liability, recovering compensation, and determining the best way forward, whether or not you chose the optional rental car insurance.
Contact a car accident attorney in Laredo today to pursue financial compensation for your injuries and damages — call (956) 489-1300.
What If I Did Not Select Rental Car Insurance and Had an Accident?
As a rental car driver, whether or not you were responsible for the accident is the first thing to consider. If someone else was to blame for the accident due to their careless, reckless, or intentionally wrongful action, then they are liable for your damages, regardless of whether you declined the additional rental car insurance. This includes the cost of repairing or replacing the rental car, plus your medical expenses (traumatic brain injuries, etc…), lost earnings, and compensation for pain and suffering.
If someone else caused your accident, it doesn’t matter if you added the additional rental car insurance because the at-fault driver’s negligence leaves them responsible under the state’s modified comparative negligence laws.
What If I am Responsible or Partly Responsible for a Rental Car Accident In Texas?
Under the TX Civ Prac & Rem Code § 33.001 for proportionate responsibility, the state’s modified comparative negligence law still allows you to recover a portion of your damages after a car accident as long as you were less than 50% at fault. If you were 51% or more at fault for the accident, you may be liable for the damages to the rental car, the other car, and any injury-related expenses. If you choose to add the additional rental car insurance, the policy typically includes the following:
- A waiver to release you from responsibility for any damage to the car
- Personal injury expenses
- Bodily injury liability coverage for injury-related expenses for those in the other vehicle
If you did not choose the rental car coverage, and you were at fault for the accident, you may still have options. For instance, check the bonus benefits of the credit card that you used to rent the vehicle. Many credit cards include rental car insurance as a bonus.
If another factor contributed to the accident, such as a dangerous pothole or obstructed sign, with the help of a Laredo personal injury lawyer you could file a claim against the road maintenance agency for their part in the crash, potentially recovering enough compensation to cover the cost of rental car damage and personal injury expenses.
What Can a Texas Car Accident Lawyer Do to Help?
An experienced Texas car accident attorney conducts an independent investigation on your behalf, examining all aspects of the accident, including the cause, the liable party or parties, and the available insurance, protecting you from liability whenever possible. Contact the car accident law firm of Wawi Tijerina Law to speak to an attorney dedicated to advocating for the maximum compensation available to you for your damages.