Rental car accidents in New Jersey pose unique challenges due to the involvement of rental agencies and the multiple insurance policies often in play. Whether you’re a resident driving a rented vehicle or a visitor to the state, navigating the aftermath of a rental car accident can be complex. Issues such as determining liability, dealing with out-of-state insurance coverage, and understanding the specific terms of rental agreements are critical factors that can complicate these cases.
At Nagel Rice LLP, our personal injury attorneys have extensive experience handling cases involving rental car accidents. With over 30 years of dedicated legal service and a history of securing over $1 billion in damages for our clients, our team is well-equipped to manage the intricacies of rental car accident claims. Operating from our offices in New Jersey & New York, we provide expert legal counsel to ensure that victims navigate these complex situations effectively, securing the compensation they need for medical expenses, lost wages, and other damages, regardless of the complexities presented by rental agreements and insurance issues.
New Jersey Insurance Requirements and Options
New Jersey operates under a no-fault insurance system for auto accidents, meaning each party’s own insurance typically covers their medical expenses regardless of who caused the accident. Personal injury protection (PIP) is required in New Jersey, and although you are permitted to purchase a minimum of PIP coverage ($15,000), it is highly recommended that you carry much more (up to $250,000) since medical costs for severe injuries mount quickly.
It is also worth noting that insurance offered by car rental companies typically covers only property damage, not personal liability.
Comparative Negligence in New Jersey
If more than one party is deemed responsible for a rental car accident, comparative negligence laws kick in. Such laws differ from state to state. New Jersey follows the principle of modified comparative negligence in which each party is assigned a percentage of fault by the court. The injured party can still collect damages even if they bear some measure of fault for the accident, but their percentage of fault will be subtracted from the amount they are awarded.
So, if they are awarded $1 million and have been assigned 20 percent fault, they will receive $800,000. However, under New Jersey law, if they are deemed more than 50 percent at fault, they will receive no compensation.
If the Accident Isn’t My Fault and I Am Injured, Who Do I Sue?
If your policy does not cover the cost of your injuries, you are entitled to sue the responsible party for damages. Our legal team will determine who that party is — there may be more than one person or entity liable, such as:
- The rental company for improper vehicle maintenance.
- The driver of another vehicle who was responsible for the collision.
- A government agency responsible for road maintenance if your accident was caused by a pothole, improper signage, or a defective traffic signal.
- A car manufacturer if one of the cars was sold with a major defect.
What a Rental Car Accident Attorney Can Do to Help
Having a skilled car accident lawyer to fight for your right to just compensation is essential.
Nagel Rice attorneys have the in-depth knowledge of the law and familiarity with rental car accidents to take over all legal and logistical matters. While you rest and recover, we will:
- Clarify your insurance coverage.
- Investigate the accident and gather evidence to identify the responsible party and support your liability claim.
- Interview witnesses.
- Examine police reports, medical records, and surveillance videos.
- Negoitate with insurance adjusters and opposing attorneys to agree on a fair settlement
- Consult with medical or technical experts who may testify on your behalf.
- Forcefully represent you in court if litigation becomes necessary to recover maximum damages.
We have the ability to file all legal papers, including claims against government agencies that meet the strict timelines and protocols of New Jersey’s Tort Claims Act. We will also review the latest legal precedents regarding liability and compensation in rental car accidents, and ensure that all steps we take for you are in complete compliance with New Jersey state laws and regulations.
Damages Our Rental Car Accident Attorneys Will Fight To Recover
Whether your injury is a traumatic brain injury (TBI) or a fracture, you are entitled to compensatory damages for your losses. Depending on the particular circumstances of your case, we will seek damages to cover whichever of the following losses apply:
- Medical and rehabilitation costs
- Lost income, present and future
- Property damage or loss
- Pain and suffering
- Psychological counseling
- Permanent disability/extended nursing care
- Alterations to make your home accessible
- Permanent scarring or other disfigurement
- Loss of consortium
- Loss of enjoyment of life
In cases in which the actions of the party responsible for your injury were especially egregious (e.g. impaired, reckless driving), we may be able to persuade the court to award you punitive damages over and above the listed compensatory damages.
Contact Our New Jersey & New York Rental Car Accident Attorneys
Once you become a client of Nagel Rice, you have a formidable team of trial lawyers on your side. More than that, you have a team of compassionate professionals as allies, committed to bringing you the justice you deserve. Get in touch with us today to discuss the specifics of your case. As soon as we become your attorneys, you will begin to relax, and we will begin to strategize.
Nagel Rice LLP helps its clients throughout New Jersey, including Roseland, Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York.