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If you rent a car and the car was hit by another car, can you sue the person who hit you as well as the rental car companies ins

Stone Mountain, GA |

I was hit by another car. i was driving a rental car when i was hit. I did suffer neck and back injuries. can i sue the person who hit me as well as the rental car company insurance for damages.

Attorney Answers 8

Posted

Obviously you can and should get a lawyer ASAP to pursue the other driver.

Unless you are contending the rental company caused the crash or your injuries, and obviously they did not, you can't sue them. (If you purchased any medical insurance coverage, they would have to pay that).

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

You can sue the party at fault or claim UM benefits and med-pay (if you purchased that coverage) from the rental ins. or your own car ins. if the at-fault party was uninsured.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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Posted

You should consult with a local lawyer right away. I think there are several potential parties - the defendant driver and his/her insurer, possibly your own insurer for uninsured and underinsured motorist coverage, and potentially a similar claim as to any insurance you may have taken out on the rental car.

Retain a local lawyer to discuss your options with you and help you move forward with a potential case. Good luck.

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Posted

Assuming the other person is responsible for the accident, then yes you can. You should speak to an attorney about your options. I am available as well as others. Take and I hope you feel better.

Sam Levine, Esq.
(404) 303-8875

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Posted

There may be several avenues of recovery, and to obtain maximum compensation, you would want to retain one of the lawyers in your state who answered above.

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Posted

You may seek damages against the person who hit you, however, I do not believe you would have a successful claim against the rental car company unless you can show that it was at fault for the accident.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

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Posted

Literally, you can sue anyone at anytime for any reason. The issue, then, is not whether you "can sue," but rather whether you can prove by a preponderance of evidence that you are legally entitled to recover from the defendant. Based on the information presented, it would be impossible to give you any meaningful legal advice because one additional, or different, fact could change my opinion drastically. However, as a matter of general information, if you sue the other driver, you would be required to prove by a preponderance of evidence (1) duty, (2) breach, (3) causation, and (4) injury. If you successfully prove all elements of the tort of negligence, you would be entitled to recover money damages in an amount to be determined by a judge or jury. Generally, a lawsuit filed against a liability insurer will be dismissed because, in Georgia, as a general rule, liability insurers are not proper party defendants. There are major exceptions, however, as in the case of motor carriers.

Your question presents legal issues that are very complex and require a thorough examination of all relevant, material facts, as well as the assistance of a lawyer with experience trying these types of cases to juries and judges.

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you have executed a written fee contract with Troy Marsh, P.C. dba The Marsh Law Firm, Troy W. Marsh, Jr. owes you no duty, and you are not a client of Troy W. Marsh, Jr.

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Posted

Your claim is against the driver who was at fault. That person should have liability insurance on his/her car that will be responsible to pay for your injuries and property damages on behalf of the at fault driver. If he/she has no insurance (an unfortunate possibility these days), or that insurance is insufficient to fully pay for your losses, you can make a claim for your injuries under any available uninsured/underinsured motorist insurance coverage on any vehicle you owned at the time (your ability to make a claim against your own policy has nothing to do with the fact that you were not in your car at the time). You may also be able to claim benefits for medical expenses under your own policy and on the rental company's policy, assuming you purchased that type of benefit. I would be glad to discuss the claim with you.
Neil W. Putnam, attorney at law
404-768-3365

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