Rental Car Accident Compensation
The brakes of my rental car failed and I suffered injuries when I crashed into a ditch; can I claim for rental car accident compensation?
It is possible for you to claim rental car accident compensation if it can be shown that the accident was caused due to the negligence of a third party. The third party in your case may be the rental car company as it was their responsibility to ensure that the car you were provided with was road-worthy and in perfect working order.
If the rental car company is proven to have failed in their duty of care to you, their customer, you may claim rental car accident compensation against them. However, it should be made known that their duty of care is not “absolute”. If for any reason the reason behind the brakes of your car failing could not have predicted by the rental company and they could not have repaired them in a “reasonable” length of time, they may not be deemed liable for your accident and subsequent injuries. It would be in your best interests to consult a personal injury solicitor at the first practical moment who has experience in such cases and could assist in proving negligence.
There are some procedures that you should have undertaken following the accident that could help in your claim for rental car accident compensation. The first, and most important, is to have been treated for your injuries by a professional medical practitioner. Not only would this benefit your health and safety, your presence at hospital or with your doctor would have been recorded in your medical history which could later be used to support your claim.
Even if Gardai did not attend the scene of your accident, it is important to have had the accident recorded in their Accident Report Book. If anyone else was present in the car or if there were any witnesses to the accident, their information should have been gathered to further support your claim. If possible, it would have been advantageous to have taken pictures of the scene of the accident which could also be used as evidence.
As mentioned above you would be well advised to discuss the circumstances of your accident and injuries with an experienced solicitor who can assess your case and determine whether or not you have a rental car accident compensation claim that is worth pursuing.