A rental car accident can leave people with medical bills, lost wages and other costs. Finding out who must pay can be difficult because several parties and insurance policies may be involved. The rental driver, another motorist or an insurer may have to cover the losses.
Who may be responsible for injuries in a rental car accident?
The answer depends on who caused the crash and which insurance policies apply. Several parties may have to pay for the injuries:
- The rental car driver: If a renter causes a crash through careless driving, their personal auto insurance or rental coverage may pay for the injuries.
- Another driver: If another motorist causes the crash, that driver’s insurance may cover the injured person’s losses.
- The rental car company: A rental company is not liable just because it owns the car. However, it may be responsible if its actions caused the crash. For example, it may have rented a car with a known safety problem.
- An insurance company: A renter’s personal auto policy may cover a rental car. The renter may also buy extra protection from the rental company. The policy terms help determine which coverage applies.
How does Oregon insurance law apply to rental car accidents?
Oregon law requires drivers to have auto insurance with minimum coverage limits. These include $25,000 for injuries to each individual, $50,000 for injuries to multiple individuals and $20,000 for property damage.
Drivers must also have at least $15,000 in personal injury protection (PIP) coverage per person. This coverage can help pay medical bills and other eligible expenses after an accident, regardless of who caused it. The insurance policy covering the vehicle may provide these benefits.
What if the injured person shares fault for the crash?
Oregon follows a modified comparative fault rule. An injured person may still seek damages if their share of fault does not exceed the fault of the other parties combined. However, the court will reduce the payment based on the injured person’s share of fault.
What legal options are available to injured people?
A personal injury attorney can review the crash report, insurance policies and rental agreement to find out who may be responsible. An attorney can also help gather evidence, check available coverage and explain the next steps. This guidance can help injured people understand their rights and decide how to seek payment for their losses.
