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by The Stoddard Firm - March 7th, 2023
When you’re facing the aftermath of a serious car accident, every detail can feel like an insurmountable complication. Your injuries might require more attention than you initially expected, and the task of repairing or replacing your vehicle might involve dozens of little decisions and risk-assessments. In the meantime, your career and family obligations might be stacking up or slipping through the cracks.
If you’ve discovered that the driver who caused your accident was using a rental car at the time, you’re probably wondering whether this will affect your ability to get your expenses covered. The answer is yes, the car’s rental status will affect things — but not necessarily negatively.
Below, we’ll go into detail on how the involvement of an Avis Rent-A-Car may change the process for your accident case, and how we can help you get the compensation you need. If at any point you would prefer to speak directly with a rental car accident lawyer in Georgia, feel free to reach out by phone or chat.
Like many industries, car rentals are controlled by a handful of mega-corporations, each divided into multiple brand names to target different market segments.
Avis Car Rental is owned by Avis Budget Group. While not the largest car rental company by market share (that would be Enterprise), Avis Budget Group is larger than it looks from a U.S consumer perspective, encompassing Avis, Budget, Zipcar, and several overseas car rental brands.
What this means for the average accident survivor is that Avis and its sister brands are used to receiving a high volume of claims. Their response to each one will probably be standardized and calculated to protect the company’s bottom line above all else.
This doesn’t mean that getting fair compensation for a Rent-A-Car accident is impossible, however. A skilled rental car accident lawyer can help ensure that your individual claim gets the attention it deserves.
In some circumstances, accident survivors have the right to sue the owner of an at-fault vehicle as well as the driver, if they’re not the same person.
The Graves Amendment makes this very difficult though and through an exception for rental companies, protects them from liability for their customers’ mistakes. So, if you’re injured by an Avis Rent-A-Car, you don’t automatically have a case against the company, the way you would if you were hit by another at-fault commercial vehicle, like a Coca-Cola truck. However, it’s important to consult with an experienced Atlanta car accident lawyer to understand your legal options in such situations.
It’s worth noting that Avis has not always taken full advantage of its legal protection. In February of 2023, the Nebraska Supreme Court ruled on a case where Avis had proactively paid over $40,000 to three accident survivors. After making the payment, however, Avis sued for reimbursement from the customer who was renting the car at the time of the accident. The customer could not afford the amount, and the court ultimately ruled that she was not responsible for covering an expense that the company had voluntarily accepted.
The irony is that if Avis had done nothing, liability would likely have fallen to the customer’s insurance company, which would have been much more capable of covering the cost than the customer herself.
Realistically, the average survivor of an Avis Rent-A-Car accident should not expect the company to make the same mistake again. In all likelihood, you’ll only be able to collect compensation directly from Avis if an exception to the Graves Amendment applies.
Those exceptions do exist, however. Suing Avis Rent-A-Car may be a viable option if:
If neither of these exceptions apply, don’t worry. There are several strong alternatives to suing Avis Car Rental.
In Georgia, it’s illegal to operate a motor vehicle without carrying minimum liability insurance. It’s also illegal for a rental company to rent a car to an individual in Georgia without checking that the renter has this minimum insurance.
Failure to check for insurance does not make the rental company liable for uncovered damages, but rental companies generally do observe this law, and are more than happy to sell their customers insurance for any eventuality.
Avis Car Rental in particular includes minimum liability insurance as part of its default rental contract in Georgia, and in every other state except for California, Missouri, New York, Texas, and Utah. Customers can also buy a range of coverage options from the company on top of the basic liability insurance.
The trouble with rental company insurance is that it’s often categorized as secondary or “excess” insurance, meaning that it only kicks in when the driver’s personal coverage has already been exhausted.
Having multiple insurance policies covering the same at-fault driver should theoretically make it easier for a survivor to get all of their expenses covered, but in practice, it can make it more difficult to collect from either company. The driver’s personal insurance might try to claim that the rental insurance should cover all expenses. The rental insurance might claim that the personal insurance hasn’t paid enough, or that the victim waited too long to file a claim with the rental insurance while dealing with the personal insurance company.
In situations like these, it’s even more vital than usual to have a lawyer in your corner to help cut through all the deflection and excuses.
In addition to personal insurance and insurance through Avis, drivers who pay for their Rent-A-Car with a credit card may also have liability insurance through their credit company.
This is often the best-case scenario for an accident survivor, because many of these credit cards explicitly provide primary coverage, meaning it can be used without having to exhaust any other resources first.
While some credit card holders choose their cards specifically based on travel benefits like rental liability coverage, others may have chosen them for other reasons and may have no idea this coverage exists. This is another reason why legal representation is so helpful after this kind of car accident — your lawyer can investigate all possible avenues of coverage, and then optimize a strategy to get you the compensation you need.
Even when credit card coverage for car rental liability is only secondary, it’s still another potential resource. That’s important to know about, in case the damages from the accident exceed the limits on the other insurance policies involved. In such situations, a truck accident law firm in Atlanta, GA can help with navigating this extra layer of contractual fine print, to prevent all three insurers from shifting liability onto each other
Another factor that sets rental car crashes apart from most other traffic accidents is the presence of digital monitoring in modern rental vehicles.
While not required by law, most car rental companies use onboard communication services (like OnStar and its competitors) to monitor their vehicles’ location and status. These services may also transmit some information directly to law enforcement.
In December of 2022, in Hanover, New Hampshire, police responded to an automated crash alert from an Avis Rent-A-Car. When they found the car, it wasn’t clear what had set off the alert, but the driver failed a field sobriety test. Police ultimately arrested her and discovered approximately $25,000 worth of fentanyl pills in the car.
The good news is that, for crash survivors who aren’t at fault, having this extra monitoring equipment involved can help speed up emergency intervention, verify the facts, and strengthen a claim for compensation.
As with any traffic accident, the first thing to do is stop. This step is always legally required, to avoid running afoul of hit-and-run law.
Next, follow as many of these steps as apply to you, as closely as you can:
The experts at the Stoddard Firm have extensive experience in personal injury, wrongful death, and traffic law. We know how to argue for accident victims in unusual and complex situations, and we never tire of holding insurance companies to their responsibilities.
If you have been injured or lost a loved one because of an Avis Rent-A-Car driver, reach out any time at 678-RESULTS, or through our online chat function, to get started with a free consultation.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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