The aftermath of any car crash is overwhelming. But rental car accidents involve additional legal headaches. Sorting through the potentially liable parties and evaluating your available insurance coverage is a challenge – and the stakes are high. Without legal help, you may struggle through the process of trying to secure the money you need to cover your medical bills, lost income, and more.
A Portland rental car accident attorney from Rizk Law can defend your rights and help you seek fair compensation for the crash. Our team includes a former insurance company defense attorney, giving us inside knowledge we use to help you pursue the resources you need. We’ll handle the legal work while you heal and focus on other matters. You don’t owe us any fees unless we recover compensation for you, so call now or complete our contact form for a free case review.
Steps to Take After a Rental Car Accident in Portland
You want to avoid doing anything after a rental car accident in Portland that could affect your legal case or limit your compensation. Here’s what to do to protect yourself:
- Preserve evidence. Save any photos or videos you took at the scene. Holding on to your damaged clothing, personal items, or anything else connected to the crash is also a good idea. Write down details you remember, such as the weather, road conditions, or the other driver’s words, while they’re still fresh.
- Notify the rental car company. If you were the one driving the rental car, let the rental company know about the crash as soon as you can. They’ll likely ask for the police report number and may require you to complete an internal incident form. Be honest, but don’t admit fault or speculate about who or what caused the crash.
- Follow your doctor’s advice. Make sure you attend all follow-up appointments and stick to your doctor’s medical treatment plan. If you skip visits or stop your care too soon, insurers may argue your injuries aren’t serious. Your medical records play a key role in proving your physical injuries and how they affect your life.
- Check your insurance coverage. Review your personal auto insurance, any coverage you accepted through the rental company, and your credit card benefits. You might qualify for multiple forms of coverage, and understanding your options is vital for seeking full compensation.
- Avoid posting on social media. Stay off social media when it comes to the accident. Insurance companies are likely looking for posts that downplay your injuries or suggest you’re not taking your recovery seriously. They might take seemingly harmless posts or photos out of context.
- Be cautious with insurance adjusters. If the other driver’s insurance company reaches out, don’t give a recorded statement or sign anything without talking to a lawyer first. Their goal is to get you to settle quickly for less than your claim’s full worth.
- Talk to a personal injury lawyer. A Portland rental car accident attorney can protect your rights throughout your claim. They can guide you through the claims process, deal with the insurance companies, and work to pursue the money you need.
Who Is Liable in a Rental Car Accident in Oregon?
One complicating factor in a rental car accident claim is that multiple people or organizations may be legally responsible for the harm you’ve suffered. Depending on who or what caused the crash, the potentially liable parties may include:
- The driver who hit you – Other drivers who cause crashes through their negligent behavior are often responsible for rental car accidents. Actions like speeding, running a red light, or driving under the influence can all make another driver liable for your injuries. Their auto insurance may be your first source of compensation.
- The rental car company – In most cases, rental car companies aren’t responsible for crashes that renters cause. However, they may be liable if they failed to maintain the vehicle properly or rented it out knowing it had mechanical issues. They could also be responsible if they rented the car to someone without a valid license.
- Vehicle or parts manufacturers – While rental companies must maintain their vehicles properly, some cars have hidden defects due to negligence by an automaker or parts manufacturer. These companies may be liable for collisions resulting from defects they failed to detect or covered up.
Types of Compensation You Can Recover for a Rental Car Accident
After a rental car collision that someone else caused, you can pursue compensation for your losses, including:
- Current and future medical expenses
- Costs of rehabilitation expenses and long-term care
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Property damage
Hospital invoices, vehicle repair estimates, pay stubs, and other financial documents can all help you illustrate your economic losses. It’s harder to prove your intangible losses, such as pain and suffering, from a crash, though. A personal journal, notes from your doctor or mental health counselor, testimony from your friends and family, and opinions from expert witnesses can all support your case.
How Long Do You Have to File a Rental Car Accident Claim in Oregon?
In most cases, you must file a rental car accident lawsuit within two years of the crash. It takes time to build a strong personal injury case and gather evidence, though. Critical evidence can also disappear if you wait too long to seek legal help. We urge you to speak to a rental car accident lawyer as soon as possible.
Common Challenges in Rental Car Accident Claims
Rental car accident claims in Portland frequently involve significant legal challenges, such as:
- Confusing insurance coverage – Multiple insurance policies may apply, including the at-fault driver’s insurance, your personal auto insurance, the rental company’s coverage, and credit card benefits. Figuring out which policy covers what can be overwhelming and time-consuming.
- Disputes over liability – Rental companies and insurers may try to shift blame to avoid paying out. You may face delays or denials in your claim if it’s not clear who caused the collision.
- Rental company policies – Missing a step in the rental company’s accident reporting process can lead to complications. Some companies have strict deadlines or require specific documents you must submit.
- Unauthorized drivers – If someone not listed on the rental agreement was driving the car, insurers may deny coverage.
- Differing state laws – If you are visiting Portland from out of state, you may not be used to the state’s unique laws and how they apply to your rental car accident claim.
Dealing with Insurance Companies After a Rental Car Accident in Oregon
After a rental car accident, you will need to evaluate your insurance coverage and, in many cases, file multiple claims. Oregon law requires all personal auto insurance policies issued in the state to include $15,000 in no-fault personal injury protection (PIP) coverage. This coverage can help cover your medical bills and lost income from the crash, regardless of who was at fault.
Here’s where things get complicated. Even though most Oregon auto insurance policies include PIP coverage, you can still file an insurance claim or lawsuit against whoever caused the crash. You might also have insurance coverage through the rental company (if you accepted it) or coverage through your credit card company (if they offer it). However, rental company and credit card insurance coverage sometimes include fine-print exclusions that may limit your compensation. You can also expect the negligent driver or their insurer to deny your claim or blame you for the crash to limit your financial recovery.
Reviewing your insurance options, filing claims, and dealing with insurance adjusters is a lot of work when you’re struggling with serious injuries. Whoever’s liable for your car accident injuries may have teams of lawyers to contest your claim and limit your compensation. The best step you can take to protect your rights and maximize your compensation is to hire a Portland rental car accident attorney. They can handle the claims process, explain your options, and take legal action on your behalf.
Why You Need a Portland Rental Car Accident Attorney
A rental car accident can create a mess of insurance policies, rental agreements, and liability questions. Without legal help, it’s easy to miss deadlines or fall into traps that hurt your claim. A Portland rental car accident lawyer can help you sort it all out. They can deal with the rental company, insurers, and any third parties involved. Your lawyer can also gather evidence, prove fault, and fight for full compensation for your injuries.
Contact Our Portland Rental Car Accident Attorneys Today
Swift action is crucial for guarding your rights and maximizing your compensation after an accident with a rental car in Portland. Rizk Law has recovered millions of dollars for Oregon’s injured. Our clients also consistently praise our work, calling us “caring, experienced, straightforward and supportive.” We’ll work to make the legal process as painless as possible while protecting your rights at every stage. And you don’t pay us any fees unless you win your case and recover compensation. Call Rizk Law now or complete our contact form for a free consultation to learn more.