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February 13, 2024
- Car Accident
- Injury Lawyer
- Safety
- By Cesar Ornelas
In Texas, an at-fault driver is liable for damages resulting from a car crash. This means if a person driving a rental car in El Paso, Texas, is negligent and hits you, they should cover the losses and injuries you sustained in the incident. If they possess comprehensive coverage under their rental car insurance contract, their policy will facilitate compensation for the damages sustained.
Regrettably, insurance firms often try to minimize payouts by underestimating or outrightly rejecting claims. This is particularly true due to the complex ambiguities that come with rental car collisions. An auto accident attorney from an El Paso car accident lawyer could help safeguard your rights.
Problems With Insurance in Rental Car Accidents
When dealing with claims in a rental car accident, several challenges may arise. These issues make these cases unique and may cause delays in seeking compensation.
Shifting Blame to Other Policies
Many different insurance policies might apply for a rental car accident. The driver might have their own auto coverage, might have purchased the rental company’s coverage, or might have coverage through a credit card or other means.
Often, insurance companies try to pin liability on other providers, which can cause delays and require you to deal with multiple insurance companies throughout the claim process.
Lack of Rental Car Insurance and Inadequate Private Policies
If the driver of the rental car did not purchase rental car insurance and holds an insufficient private insurance policy, it can complicate matters further.
Under Texas law, the minimum mandatory liability coverage limits are $30,000 for every injured person, $60,000 per accident, and $25,000 for damages on property per accident. This coverage is commonly known as 30/60/25 coverage. If damages exceed the policies, the injured party may face difficulties in obtaining full compensation for damages.
Car accident lawyers advise individuals to explore uninsured/underinsured motorist (UM/UIM) coverage, which intervenes when the at-fault party lacks adequate insurance. An auto accident attorney can assist in maximizing the benefits of UM/UIM coverage and pursuing additional avenues for compensation.
Refusal to Pay Damages
Insurance companies will try to interpret the laws in their favor so that they deny liability. For instance, Texas uses modified comparative negligence laws to determine the ability to seek damages. If your insurance provider determines that the other driver was majorly liable for the crash, they may refuse to pay damages on the grounds that you were not liable for the accident.
Contact a Texas Car Accident Lawyer Today
Several key issues may arise when dealing with insurance in car accident claims involving rental cars. A car accident attorney from Cesar Ornelas Injury Law can help handle such challenges and advocate for a fair assessment of your case. Our team can help gather evidence, interview witnesses, and build a robust case to counter any attempts to minimize your potential compensation.
If you have been involved in such an accident in El Paso, contact us today for legal assistance. We offer free initial case evaluation.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.