Learning About Criminal Law Proceedings

2 Things To Know About Suing A Car Rental Agency For Negligence

Settling a car accident is often a complicated and drawn-out process, but it can be even worse if the accident involves a car that you rented from a rental car agency. While the agency is not at fault for an accident you cause while driving a rental car, the agency may hold responsibility if there was a defect in the car. The hard part of a case like this is proving that the car had a defect and that this is the reason the accident occurred. Here are two things that may help you win a case like this.

Gather Evidence

When you rent a car, you expect the vehicle to be reliable and safe to drive; however, this is not always the case. If something goes wrong while you are driving and causes you to have an accident, you may have the right to sue the car rental company. To do this though, you will need:

  • An accident lawyer
  • Proof that the car had a defect or problem
  • Witnesses to back your story

Once you go to websites and hire an attorney, you can begin helping him or her gather evidence. Obtaining the police report from the accident scene is a good place to start. With this, you will have a written report of what happened from several different angles, and it may even include the names of witnesses and details they told the police.

You should also get a copy of the rental agreement if you don't currently have it. Without enough evidence, it can be difficult to sue a rental car company because these companies are often very large and have a lot of money.

Request an Inspection of the Car

While you and your attorney are busy gathering information, it might be wise to have the car inspected. If the car was towed to a garage or mechanic, you can have the inspection completed there by a trusted mechanic. This inspection might be the key piece to the case that you need to prove that the car rental company was negligent.

Vehicles can have many problems that can lead to accidents, but here are some of the top reasons:

  • Brakes – If the brake pads were worn out and the rental company failed to replace them, the result could be an accident. Without good brake pads, you might not be able to stop a car as quickly as you would normally be able to.
  • Tires – Old, worn-out tires can also lead to car accidents, and rental companies should replace tires on all vehicles when needed. As the tread wears out on tires, cars tend to slip more on roads, especially when roads are wet.
  • Airbags – If you caused an accident to happen but were driving a rental car that had damaged air bags, you might also be able to sue for negligence. Airbags are designed to save lives, but this can only work if the airbags are in working condition.

If the inspection of the car reveals a defect of any kind, your lawyer will need to prove that the defect led to the accident. If your lawyer cannot prove this, it will be hard to win the case. Keep in mind that if you cannot prove that the rental car company was negligent, your own insurance will normally pay for the damage from the accident. The downside to this is that it could affect your insurance rates.

Suing any type of company is often harder than suing an individual person, but it is not impossible. With a good accident lawyer and the right evidence, you may be able to sue the agency and win.