If you get into a car accident while you are driving a rented car, many of the same legal concepts apply as if the accident happened while driving your personal car. However, if you get into an accident with a person who is driving a rental car, there are some important distinctions to remember.
The question of where to file a lawsuit is one that must be answered quickly because people who are driving rental cars are often not in the state that they are a resident of.
Regardless of whether you were driving a rental car at the time of your accident, or were hit by a person driving a rental, if the accident happened in Colorado, Denver rental car accident lawyers are available to help. They work to fight for the fair compensation that their clients deserve. En Español.
Colorado Laws Governing Car Accidents
The legal theory of negligence is usually applied when considering the legal basis for a car accident case in Colorado. Negligence is when a person neglects their duty to protect another person.
When they fail in that responsibility and cause an injury, they are liable for that injury. Denver rental car accident lawyers must identify the following elements for a successful negligence claim:
- Duty – The law confers a responsibility to protect other people in certain situations. Car drivers have a legal duty to protect other drivers, passengers, and pedestrians
- Breach – A breach of the duty of care happens when a defendant’s action or inaction causes harm
- Cause – The plaintiff must demonstrate that the injuries were caused by the breach of duty
- Scope – The damages must be foreseeable from the facts of the case
- Damages – There must be actual damages present for a plaintiff to assert a successful negligence claim
Venue, another important aspect of rental car accidents, is a legal concept that determines the geographical location of the court where a lawsuit is commenced.
In most car accident cases, both the plaintiff and defendant are residents of the same state, and often, the accident has taken place in that state. There is then no doubt that the case will be heard in their native state.
But what if the driver of a rental car visits Denver but lives in Arizona? As long as the accident happens in Colorado, the case will be heard by a Colorado court. There are exceptions to this rule, but for the most part, the court in the state where the accident occurred will hear the case, which means that contacting Denver rental car accident lawyer would be a good idea.
Denver Rental Car Accident Lawyers Can Help
If you are involved in an accident while driving a rental car, or the other driver is driving a rented car, your rights remain the same. The drivers of rental cars have the same duty to protect other drivers, just like all other motorists. If the accident happened in Colorado, the case will be heard in this state. One tricky aspect will be to determine which insurance company will be dealing with your claim.
Skilled lawyers will work with you and Colorado law to determine if the driver’s personal insurance or the insurance from the rental car company will be negotiating on the claim. The fact that an accident involves a rental car does make the claim more complicated, but it is by no means a bar to recovery. Contact a Denver rental car accident lawyer today to see how they can help you get the fair compensation that you deserve for your injuries.