Nothing can derail a vacation quite like a car accident. Unfortunately, the number of car accidents in Louisiana is above the national average. And with so many tourist attractions and out-of-state visitors, rental car crashes are a big part of that average.
These crashes often happen because drivers are unfamiliar with the area and their vehicles. This leads to distracted driving, poor handling, impaired judgment, and increased errors (not to mention intoxicated holiday driving.) Thankfully, Louisiana’s personal injury laws don’t change regardless of where you’re from.
Here’s what you need to know about rental car accidents in Louisiana, who pays for damages, and how the Lamothe Law Firm can help you resolve these issues as quickly as possible.
How Does a Rental Car Affect Who’s Liable?
Assessing who’s at fault for accident damages can be stressful and time-consuming. On the bright side, driving a rental car has almost nothing to do with this process.
All drivers—including rental car drivers—must have liability insurance in Louisiana. Liability plans cover damages that a driver is legally responsible for and must meet the following minimums:
• $15,000 for personal injuries.
• $30,000 for personal injuries of two or more people.
• $25,000 for property damage.
These requirements are the same for out-of-town drivers. If a renter’s personal insurance doesn’t meet these minimum requirements, they must purchase temporary coverage directly from the rental company.
Private Insurance vs. Rental Car Insurance
If you already have an auto insurance policy, this plan likely covers you in a rental car. Under Louisiana law, private insurance plans automatically transfer to rental cars if the existing coverage is valid.
Of course, this won’t stop rental companies from trying to upsell you on a temporary insurance plan. But you can stop feeling guilty about turning them down. If you already have insurance, this secondary plan only kicks in if your personal coverage maxes out.
Rental car companies must verify a driver’s personal insurance before giving them a car. The only time you need to purchase additional insurance is if you don’t already own a private policy.
When It Comes to Damages, Fault Matters
In Louisiana, the person who is at fault pays for damages. If the rental driver is at fault, damages are paid through either their private insurance plan or the coverage purchased through their rental company. If the at-fault driver is in a private vehicle, then damages route through their private insurance. But what happens if the at-fault driver is uninsured?
Uninsured drivers do not skirt liability simply because they lack coverage. Instead, they must pay for damages out of pocket. They’ll also likely face fines and legal penalties for driving without insurance.
On the other hand, rental car companies are rarely liable for accident damages involving rental vehicles. Some renters assume they are since the company owns the car; however, this is false. A rental company is only liable for accident damages if they made a mistake or error that directly caused the accident.
What To Do if You’re in a Rental Car Accident
Accidents are traumatic—especially when the car isn’t yours. If you were involved in a motor vehicle accident with a rental car, here’s what you should do:
• Get safe and seek medical attention.
• Gather as much information as possible, including police reports, witness information, and photographs of the scene.
• Review your insurance coverage.
• If applicable, notify the rental car company.
• Determine liability.
• File a claim with the appropriate insurance company.
• Talk to an experienced Louisiana car accident attorney today.
Determining fault can take some time and may even require filing a lawsuit. However, with the right auto accident attorney fighting for your rights, getting compensated for your damages might not be as hard as you think.
Do You Need Help With Rental Car Accident Damages?
If you were injured in a rental car accident and are wondering who pays for damages, we’re here for you. Contact Lamothe Law Firm today for a free consultation, and let our team of highly experienced personal injury attorneys help get you back on the road as soon as possible.
