Car Rental Injuries: What To Do If You Are Injured By Someone In A Rental Car – LV, Nevada

From Las Vegas, Nevada!

This post is created with colloaboration wtith bensonbingham.com a leading Las Vegas personal injury attorney.

If you’ve been in a collision with someone who was driving a rental car or if you were driving a renal car, you’re probably wondering who is responsible for providing financial compensation for injuries, vehicle repairs, and property damage that was caused by the accident. In this article, you can learn more about how rental vehicle companies work, what insurance companies will be involved in a rental car accident, and what you need to do to file an accident claim in order to receive compensation for damages and injuries you may have suffered as a result of the accident.

Especially in tourist areas such as Las Vegas, rental cars are a popular form of transportation, and just like any other type of vehicle, drivers of rental cars get into accidents. In any type of auto accident, whether a semi truck, car, or rental car was involved, there are crucial steps to take that will protect your legal rights and set up your case for success if you need to file a personal injury claim to recoup your losses.

What To Do If I Was Hit By Someone in a Rental Vehicle?

In Nevada, rental car accidents fall under specific legal frameworks that protect both parties (Nevada Revised Statutes Chapter 482 – Motor Vehicles and Chapter 485 – Motor Vehicle Insurance and Financial Responsibility). When you’re involved in an accident while driving a rental car, you’re protected under Nevada’s mandatory insurance requirements (NRS 485.185), which stipulate that all vehicles, including rentals, must carry minimum liability coverage of $25,000 for bodily injury per person, $50,000 per accident, and $20,000 for property damage.

Primary coverage typically comes from the rental company’s insurance policy (as mandated by NRS 482.305), but additional layers of protection may come into play. The Nevada Transportation Code (NRS 482.31535) requires rental companies to provide insurance coverage that meets state minimums. Your personal auto insurance policy typically extends to rental vehicles as secondary coverage (following the Graves Amendment, 49 U.S.C. § 30106), and any credit card used to rent the vehicle may provide additional coverage.

If you’re injured while driving a rental car, Nevada’s comparative negligence law (NRS 41.141) applies, meaning you can recover damages as long as you’re not more than 50% at fault for the accident. The rental company may be held liable under vicarious liability statutes if they negligently entrusted the vehicle to an unqualified driver (NRS 482.305).

Nevada’s statute of limitations (NRS 11.190) gives you two years from the date of the accident to file a personal injury claim. Documentation of your injuries and damages is crucial, as Nevada follows the “reasonable person” standard for determining negligence (established through Nevada case law, including the landmark case of Turner v. Mandalay Sports Entertainment).

File a Police Report

Like most states, Nevada law requires that all motor vehicle collisions be reported to law enforcement. A detailed accident report will provide evidence of what happened and who was involved, which will be crucial information later when you file an insurance claim or if you decide to file a personal injury lawsuit. Protect your rights and follow state law by contacting law enforcement immediately after a collision.

The state law (NRS 484E.030) requires immediate reporting of any accident resulting in injury, death, or property damage exceeding $750. If you’re unable to make a phone call, Nevada law enforcement accepts several reporting methods:

In metropolitan Las Vegas, you can flag down any passing patrol car or approach the nearest business to request assistance. The Las Vegas Metropolitan Police Department maintains multiple substations throughout the city where you can file a report in person. If you’re in a remote area without phone service, Nevada law (NRS 484E.030) requires you to remain at the scene and make reasonable efforts to contact law enforcement, which can include seeking help from passing motorists or walking to the nearest populated area if it’s safe to do so.

The Nevada Department of Public Safety recommends documenting the scene thoroughly while waiting. This includes writing down witness contact information, taking photos with any available device (even if it’s not a phone), and exchanging information with other involved parties using any available paper and writing instrument.

If absolutely no immediate reporting is possible, you must file a report at the nearest police station within 24 hours of the accident (per NRS 484E.070). Never leave the scene without making reasonable efforts to report the accident, as this could constitute a hit and run under Nevada law (NRS 484E.010), which carries severe penalties including potential felony charges if injuries are involved.

The Nevada Highway Patrol also maintains emergency call boxes on major highways, marked by blue signs with white lettering. These can be used to contact law enforcement even without a working phone. In tourist-heavy areas like the Las Vegas Strip, casino security can assist in contacting law enforcement and documenting the incident until police arrive.

Gather Contact and Insurance Information from Involved Parties

While law enforcement is on the way to the scene of your accident, gather contact and insurance information from all involved drivers, and be prepared to share your information with the other drivers as well. Not only are drivers required to share this information by law, but it is necessary in case you decide to file an insurance claim or personal injury claim after the incident. Be sure to collect all information from the rental car driver, including:

• The driver’s full name
• The driver’s current address, especially if this is different from what is on their driver’s license or insurance card
• Driver’s license number
• The name of the rental car company
• The name of the driver’s insurance company
• The driver’s insurance policy number
• Contact information for the driver’s insurance company

If the driver of the rental car doesn’t have information regarding their vehicle insurance or is unable to provide their rental insurance paperwork, make this known to the law enforcement officer and gather all other contact information from the driver.

Review Rental Agreement

Collisions that involve rental cars can be complex, and it’s likely that all insurance companies who are involved will try to avoid taking liability or making payments. This makes it crucial to understand the rental agreement made by the rental car company and driver. Drivers are not required to carry rental insurance; instead, their comprehensive collision coverage will likely carry coverage for rental vehicles they may operate. To save money, many drivers choose to opt out of any additional insurance policies that are available to them through the car rental company.

In order to file an insurance claim or a personal injury lawsuit, you’ll need to know the details of the rental agreement, which car rental company owns the vehicle, and what coverage the rental car driver carries through their own insurance company.

Consult with an Experienced Personal Injury Firm in Las Vegas

Especially if you’ve been injured, it can be difficult to sort through all of these details and examine complex car rental agreements on your own. A personal injury attorney can make this easier for you by providing a free consultation to help you understand your legal options and who may be liable for financial compensation. You’ll want to work with a local Las Vegas car accident lawyer who understands Nevada personal injury law, is familiar with rental car agreements, and can determine whether a personal injury lawsuit may be helpful.

Review Your Own Auto Insurance Policy

Although you may not be liable for damages if the other driver is determined to be at fault, your bodily injuries may be covered by your own insurance policy, called a personal injury protection (PIP) policy. These policies typically cover your injuries from an auto accident up to a specific amount. If your expenses and losses exceed this amount, you may be able to file a claim or lawsuit against the other driver’s insurance, the rental car company and their insurance, and/or the rental car driver.

After any accident, carefully reviewing your rental agreement becomes crucial as it outlines your rights, responsibilities, and available coverage. In Nevada, rental car agreements are governed by NRS 482.31555, which mandates specific disclosures and protections for consumers. The rental agreement serves as a binding contract that details liability coverage, insurance options, and potential financial obligations.

Your rental agreement will typically specify whether you opted for the rental company’s additional insurance coverage like Collision Damage Waiver (CDW) or Supplemental Liability Protection (SLP). Under Nevada law (NRS 482.31535), rental companies must clearly disclose all insurance options and associated costs at the time of rental. This becomes particularly important when determining who bears financial responsibility for damages.

Here are the standard elements found in Nevada rental car agreements and their legal implications:

• Insurance Coverage Details: The agreement specifies whether you accepted or declined the rental company’s Loss Damage Waiver (LDW) and other insurance options. In Nevada, rental companies must offer a minimum of $15,000 per person and $30,000 per accident in liability coverage (per NRS 485.185). The agreement will detail whether you’re relying on this basic coverage or have purchased additional protection.
• Authorized Drivers Section: This section lists all permitted drivers and their obligations. Under Nevada law, allowing an unauthorized driver to operate the vehicle can void insurance coverage and create personal liability. The agreement specifies that only licensed drivers listed on the contract may operate the vehicle (enforced under NRS 483.230).
• Damage Assessment Protocol: The agreement outlines procedures for reporting and documenting pre-existing damage and post-accident damage. Nevada requires rental companies to provide a written damage assessment process (NRS 482.31535). Pay attention to clauses about inspection procedures and documentation requirements.
• Financial Responsibility Clauses: These detail your maximum out-of-pocket expenses in case of an accident. Look for provisions about deductibles, administrative fees, and loss of use charges. Nevada law (NRS 482.31535) requires clear disclosure of all potential charges.
• Prohibited Uses and Restrictions: The agreement lists activities that void coverage, such as driving while intoxicated or leaving Nevada without permission. Violating these terms can result in full personal liability under Nevada law (NRS 484C.110).
• Claims Processing Information: This section explains how accidents should be reported and processed. Nevada requires rental companies to provide clear instructions for filing claims (NRS 482.31535) and specific timeframes for reporting incidents.
• Additional Fees and Charges: The agreement details potential additional costs like fuel charges, late return fees, and cleaning fees. Nevada law requires transparent disclosure of all possible charges (NRS 482.31565).
• Dispute Resolution Procedures: This section outlines how disagreements will be handled, including whether arbitration is required. Nevada law (NRS 597.995) governs the enforceability of arbitration clauses in rental agreements.
• Early Termination Conditions: The agreement specifies circumstances under which the rental company can demand immediate return of the vehicle, including accidents or violations of rental terms. These conditions must comply with Nevada consumer protection laws (NRS 598).
• Liability Limitations: The agreement details any caps on the rental company’s liability and circumstances where these limitations apply. These must conform to Nevada’s consumer protection statutes (NRS 482.31555).

Remember that Nevada law provides specific protections against unfair or deceptive practices in rental agreements under the Nevada Deceptive Trade Practices Act (NRS 598). If any terms seem unclear or potentially unfair, you have the right to seek clarification and may be protected by these consumer protection statutes.

This understanding of your rental agreement becomes particularly crucial when dealing with insurance claims and determining liability after an accident. Always retain a copy of your rental agreement and any associated documentation for reference during the claims process.

Learn More About Your Legal Options After a Rental Car Accident

Consult with the attorneys at Benson & Bingham Accident Injury Lawyers, LLC to learn more about what options you have after a collision with a rental car driver. They are making the difference in personal injury law with their extensive knowledge of Nevada state statutes, our attention to detail, and the personal service that you will receive every step of the way. Their approach works! Since 2014, we have settled over $215 million for our clients.