In a Truck Accident With a Rental Truck? What You Need to Know
Being in a truck accident is never easy, but when you’re in a truck accident with a rental truck, things can get even more complicated.
Unlike typical car accidents, these cases often involve multiple parties, unique insurance issues, and added layers of responsibility.
As an award-winning truck accident lawyer, I’ve actually handled a lot of these cases, which makes sense: people who rent trucks often have less experience maneuvering them through city streets and can cause more accidents as a result.
I want to make sure you know exactly what to do if you find yourself in this situation. Here are the special considerations you need to keep in mind if a rental truck is involved in your accident.
The Role of the Driver vs. the Rental Company
Most of the time, in accidents like this, it’s the driver who’s most responsible. As a result, their insurance would be responsible for the damages.
And if they don’t have insurance when renting the truck, the rental company usually makes them buy a temporary policy. So it’s rare in a case like this that the driver is uninsured, at least to a point.
However, the rental company’s role can also become a critical part of the case. They’re responsible for making sure their vehicles are safe and properly maintained before renting them out. So if the accident was caused by a mechanical failure, like faulty brakes or a tire blowout, the rental company could be held liable for your damages.
In addition to the rental company’s maintenance obligations, they also have a duty to verify the person renting the truck has a valid driver’s license and understands how to operate the vehicle safely. If the driver was clearly unqualified to handle a truck of that size, the rental company could also share responsibility for the accident.
Multiple Insurance Policies at Play
One of the trickiest parts of handling an accident with a rental truck is figuring out which insurance policies apply. There are typically several layers of insurance involved:
1. Driver’s Personal Insurance
The driver’s personal auto insurance should cover the damages first. This of course assumes they carry a policy, and that there’s enough coverage to handle the massive damage a truck accident can cause.
2. Rental Company’s Insurance
In addition, the rental company usually offers different types of insurance coverage, including liability, collision damage waivers, and personal accident insurance. These policies can be full of exclusions and may not cover everything. But our personal injury attorneys always check to see which kinds of coverage apply in your situation and what each one covers.
3. Credit Card Coverage
If the rental was paid for with a credit card, the credit card company sometimes offers additional insurance. This limited coverage usually serves as a secondary option or backup to other insurance.
Was the Truck Properly Maintained?
Rental trucks, especially larger ones like moving trucks, need regular maintenance to be safe on the road. Unfortunately, some rental companies may cut corners to save money.
If the accident happened because the truck wasn’t in good condition—such as having worn-out tires or malfunctioning brakes—you might have a strong case against the rental company for negligence.
If the other driver denies liability, you need to obtain the truck’s maintenance records as soon as possible. A good lawyer will know how to request these records. They’ll use them to build a case if the rental company failed to keep the truck in proper working order.
Is the Driver Experienced?
Rental trucks can be difficult to handle, especially for someone who isn’t used to driving large vehicles. If the driver of the rental truck was inexperienced or unqualified, that could also affect the outcome of your case.
Before renting out the truck, the rental company should provide safety information to the driver. They should verify the driver was capable of operating the truck safely. If they didn’t do this for some reason, they could be partly responsible for the accident.
Getting the Right Evidence
When a rental truck is involved, collecting the right evidence becomes even more important. This includes:
- Rental Agreement: This document will show who rented the truck and what kind of insurance coverage was purchased.
- Maintenance Records: These records can reveal if the truck was properly maintained and safe to drive.
- Driver Qualifications: Any information about the driver’s experience and whether the rental company asked for proof of ability to drive a larger vehicle.
- Rental Company Policies: Understanding the rental company’s procedures for vehicle safety and driver verification can provide insight into whether they acted negligently.
Any number of details could impact your case, so work with an attorney who has experience with these kinds of claims so they know which documents to request and why.
Negotiating with Multiple Parties
Accidents involving rental trucks often require negotiations with more than one insurance company. Each party may try to minimize their own responsibility and shift responsibility to someone else, making the claims process a confusing mess.
In fact, the insurance companies love to do this. They just want to save as much money as possible, including by making you wait so long and get so exhausted that you settle for less than you deserve.
Having a lawyer who understands the nuances of these insurance policies can be a huge help in sorting out whoever’s actually liable.
This is why having an experienced truck accident lawyer on your side is so important. My team and I are used to dealing with complex cases like these and know how to cut through the red tape to get you the compensation you deserve.
Legal Help After a Truck Accident With a Rental Truck
Handling an accident involving a rental truck is much more complex than a typical car accident. There are multiple parties, unique insurance issues, and special responsibilities that need to be considered.
If you or a loved one has been involved in a truck accident with a rental vehicle, you need to get legal help right away.
My team and I have built a reputation for treating our clients with compassion and respect. We understand the stress and confusion that come with truck accidents, and we’re here to guide you through every step of the process. Plus we don’t make a penny until we win your case.
With our experience and dedication, you can focus on your recovery while we handle the legal complexities. Don’t hesitate to reach out if you need help. We’re here for you.
Contact us today at 901-327-2100 or contact us online.