Millions of tourists flock to Las Vegas each year and frequently rent cars to explore the Strip, downtown, and outlying attractions. When an accident happens far from home, it can be overwhelming to know where to turn. You may wonder if you can sue after a rental car accident in Las Vegas. In most cases, the answer is yes, but understanding Nevada’s laws and the role of rental car insurance, contracts, and liability can help prevent costly mistakes.
Rental Car Accidents Are More Complex Than Standard Crashes
In 2022, there were 52,243 accidents in Nevada. Of them, 43.8% caused injuries, and 0.7% were fatal, with some of these being from rental car accidents.
Rental car crashes are not the same as other accidents because there are more parties involved than just the drivers. Rental companies, insurance carriers, and third-party maintenance providers may share responsibility for vehicle condition. Many tourists wrongly believe the rental company automatically pays all accident damages and injuries, but that is rarely the case.
Rental companies are only required to carry limited state-mandated liability coverage, and their coverage may only apply if you lack other insurance. Personal auto insurance, credit card benefits, and optional coverage purchased through the rental counter will often respond before the rental company’s liability coverage.
Las Vegas Car Accident Laws and Rental Cars
According to Nevada’s car accident laws, the at-fault party is generally liable for the resulting damages. This holds true even if the damaged vehicle is a rental. If another driver was responsible for the accident, you can usually pursue a car accident claim against their insurance, even if you were driving a rental car.
Nevada is a modified comparative negligence state, which means your compensation may be reduced if you are partly to blame, and it may be barred if your percentage of fault is greater than the other party. Rental status does not change Nevada’s fault or comparative negligence rules, but comparative negligence disputes are common on the Las Vegas Strip, where traffic patterns may be more confusing to tourists.
Who Pays After a Rental Car Accident
Whose insurance pays for a rental car accident in Las Vegas depends on who is liable and what insurance applies to the situation. Options include:
- The at-fault driver’s auto insurance
- Your own auto insurance policy
- Insurance coverage purchased through the rental car company
- Credit card rental car coverage benefits
- The rental car company, in rare circumstances
Federal law prevents rental companies from being held automatically liable for a crash simply because they own the car. However, a rental company may still be responsible for an accident if a maintenance issue or other failure to provide a safe vehicle was a cause or contributing factor.
Faulty Rental Cars
Brake failure, tire blowouts, or other mechanical problems that caused or contributed to the crash might point to the rental company or one of its maintenance providers as being liable. Nevada law requires rental companies to rent out reasonably safe vehicles. They could be held responsible if they failed to inspect the car before renting it, repair known issues, or remove it from service.
Proving these claims, however, usually requires access to vehicle records, inspection logs, and maintenance records, and can require professional testimony. Visiting drivers may not be able to obtain the necessary information and documents without legal assistance.
Hire a Car Accident Lawyer Right Away
One of the most common errors tourists make with their injury claim is to wait until they get back home before doing anything about it. Evidence may disappear, insurance policies may need to be analyzed and preserved, witnesses and professionals may need to be retained, and deadlines may need to be met. Waiting to hire a car accident attorney can sometimes mean losing your opportunity to file a claim at all.
A car accident attorney with experience handling car accident cases in the Las Vegas area, however, can greatly improve your chances for success with your rental car accident claim.
The right lawyer will know how to communicate with rental companies and insurance companies, work with their own investigators to preserve surveillance video and other evidence, and analyze applicable insurance policies. They can also work toward recovering compensation in a car accident claim for medical bills, lost income, and pain and suffering, so you can focus on getting better.
FAQs
Is It Worth Filing a Claim for a Car Accident?
It can be worthwhile to file a claim after a car accident if injuries, medical bills, lost wages, or permanent pain and suffering are negatively impacting your life. Claims might result in more compensation than insurance policies in cases where fault is contested or damages are substantial. Speaking with a car accident lawyer can help you understand liability, damages, and whether to pursue litigation or a settlement.
What Happens if You Get Into a Car Accident in an Enterprise Rental?
In the event of a crash in an Enterprise rental car, call the police and report the accident to the rental company as soon as possible. Depending on who was liable, the following insurance may cover damages from the accident: the other driver’s insurance policy, your personal insurance, optional rental insurance, or a credit card benefit. Enterprise itself is not likely to cover damages unless there is negligence or a vehicle defect.
How Much Compensation for Anxiety After a Car Accident?
Damages for anxiety following a car accident can vary based on severity, duration, and medical evidence. Emotional distress may be compensable as part of pain and suffering, particularly when substantiated by therapy records or a physician’s diagnosis. Insurers evaluate the impact of anxiety on daily activities, work, and relationships, along with the connection to the accident.
Can I File a Claim for a Car Accident in Las Vegas?
Yes. It is possible to file a claim in the state of Nevada for a car accident if another party was negligent and caused your injuries. In Nevada, both residents and visitors have the right to file and pursue a claim in the local courts. A victim may receive compensation for medical costs and lost income, as well as damages for pain and suffering, as long as these align with comparative fault restrictions and filing deadlines.
About Easton & Easton
At Easton & Easton, we represent injury victims in Las Vegas and across Nevada. This includes tourists who were hurt in rental car accidents. Our firm is familiar with Nevada car accident laws and can help you in your case. Contact us today for a free consultation.
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