You were driving around for a vacation, or on a business trip, but ended up in a car accident. Thankfully you’re okay, but the car you were driving was a rental. Who’s liable in these cases? Who pays for what? Here at the law offices of Donald M. Kreke, we can help you navigate these confusing legal issues and get you the assistance you need. Located in Coral Gables, we have accident lawyers all over Miami who will give you the time and legal counsel you deserve.
Rental Car Companies
First things first: are rental car companies liable for any misconduct from the drivers of their rental cars? The short answer is yes, the long answer is yes and no. Every case is different, and should be treated differently, so it’s always a good idea to seek legal counsel just to be on the safe side. You may think you don’t have a case, but there may be liability issues you don’t know about.
The long answer gets tricky as Florida rental car companies may not be held responsible unless it was a negligent action or actions on their part that led to the accident in the first place. If you rent a car and get into a fender bender, but you have a clean, impeccable driving record, chances are the rental company isn’t held accountable for anything.
Since the rental car company is in the business of renting out cars for business and personal use, they are not automatically held responsible for every little thing that happens with the rented car as soon as it leaves the lot. Since you are the one renting the car, you are basically being held responsible for any damage or injuries in case of an accident, no matter who owns the car.
Major Car Accidents
There are some cases, though, where the rental car company can be held liable, and you may want to find the accident lawyers Miami can rely on to help you navigate these roads ahead of you. If you are in a crash where you felt that the rental car company was negligent in any way, whether it was renting the car out to you without your license present, or not thoroughly completing a background check, they may be found in the wrong.
If the rental car company, through their actions in any step of the process, were criminally negligent in allowing someone a rented car, that can be an issue. One such example shows severe negligence on both parties ends, but also serves to show where the company could be facing charges.
A Florida man came into a rental car business to get a car. He has no recollection of the incident as he was severely intoxicated, and was reported as not being able to stand correctly during the process. He didn’t have his license on his person but gave them his brother’s driver’s license. The man also had a warrant out for his arrest, but was able to rent a car despite these three glaring items.
He drove the car with his sister in the passenger seat and his mother in the back seat. He swerved while excessively speeding, and hit a tree. His sister passed away from the accident and his mother has a long list of injuries that she is still dealing with. The man has been sentenced to jail for numerous felony charges, but he’s also blaming the rental car company for allowing him the vehicle to begin with. Obviously this man has his own set of problems in relation to this case, but it shows the validity of where a rental car company can be held liable. If they hadn’t allowed this man a car, which would have been perfectly acceptable given his state at the time, this accident may not have happened.
Are you ready to seek accident lawyers Miami locals know and trust with their car accidents? Do you feel that you should not be held liable? Donald M. Kreke in Coral Gables can assist you in determining if you have a case or not. Call us today to get the representation you deserve!