Can I sue rental car company?

Can I sue rental car company?

The answer is generally you can’t sue the rental car company unless you can prove negligent entrustment. If you can’t prove negligent entrustment, then you can’t sue the rental car company directly.

What happens if someone else drives your rental car and gets in accident?

In most cases, your own insurance coverage will apply as a form of coverage when renting a car. In other words, if you allow a coworker, roommate, friend, or family member to drive your car – and they happen to be involved in an accident – your insurance policy will probably cover them.

Who is liable owner or driver?

The California Vehicle Code states that the owner of a motor vehicle is responsible for damages caused during the operation of the vehicle even if another person is driving the vehicle with implied or express permission from the owner. Therefore, automobile insurance follows the vehicle, not the person.

Can you sue a rental car company for negligence?

If a rental car company’s negligence resulted in an auto accident, no matter your insurance state, you may be able to sue the rental car company in a personal injury lawsuit to collect on damages not paid by your own insurance company, in rare cases.

What is a negligent entrustment case?

Updated February 27, 2021 Negligent entrustment law assigns liability to car, truck or motorcycle owners who permit an incompetent, reckless, or inexperienced driver to operate their vehicle. If that person causes an accident, the owner of the vehicle can be held liable to pay damages.

Who is liable for a rental car?

Regardless of whether a vehicle in an accident is a rental car, the basic rule in California is that the driver of the car that caused the accident will be liable for an innocent party’s damages and injuries.

Can you drive a rental car under someone else’s name?

For most car rental companies, only the registered driver can drive the rental. If the car meets an unfortunate accident and the person in the driver’s seat is not the registered driver, the police could hold you accountable and incur fines.

How do you prove negligent entrustment?

Proving Negligent Entrustment in California To establish this claim, one must prove the following: That the driver was negligent in operating the vehicle. In other words, that the driver committed a wrongful act such as speeding, running a red light, unsafely changing lanes, or some similarly unsafe or wrongful action.

What is a negligent hiring claim?

Negligent hiring occurs when an employer fails to verify that a prospective employee may present a danger to the organization. Negligent hiring claims can be brought by an individual when an employer fails to screen a worker adequately, and that worker subsequently harms someone else.

How to file a lawsuit against Hertz rental car?

To file a lawsuit against Hertz, contact our law firm, the Downtown LA Law Group, for more help. We will provide you with a rental car traffic accident lawyer who can handle your claim for you and will make sure that you are properly compensated for your damages.

Who is responsible for damage to a rental car?

As a renter, you’re responsible for returning a car to the rental company in the same condition it was in when you received it. However, there are usually 3 sources of insurance that would cover damage to a rental car: The rental car company offers supplemental insurance that’s optional, or add-ons. Usually, the optional insurance includes:

What happens if I file a claim against another driver?

Here are some things to consider when making a decision: You will not be required to pay a deductible if you file with the other company. If you file with Travelers, you may be required to pay a deductible and then wait for a possible reimbursement from the other driver’s insurance company.

Can a credit card pay out damage to a rental car?

Some credit cards will pay out your damages for a rental car before getting your personal insurance company involved. However, it’s not a substitute for all of the insurance offered by the rental car company; it usually only covers the collision or loss damage, towing expenses or administrative fees, and loss of use.