Can I Sue a Rental Car Company for an Accident in New Jersey?

Being involved in a car accident is stressful, but when a rental car is involved, the situation becomes even more complex. Whether you were the one driving the rental car or were hit by someone else driving it, know that the company that owns the car can be held liable for your injuries. This is a complex process, which is why you should always work with a car accident lawyer if you or a loved one has been catastrophically injured. Car rental companies do have some protection, but they are not immune to liability. 

If you’re navigating the aftermath of such an accident in New Jersey, you’re not alone. The attorneys at Eichen Crutchlow Zaslow have the expertise to guide you through the legal process and help you secure the compensation you deserve. Call us today for a free consultation.

When Is a Rental Car Company Liable for an Accident in New Jersey?

Under certain circumstances, a rental car company can be held liable for an accident. These situations often revolve around negligence on the part of the rental company. They can be held liable if they: 

• Failed to Maintain Their Vehicle: rental car companies have a duty to ensure their vehicles are roadworthy. If an accident occurs due to mechanical failure caused by a lack of proper maintenance, the company may be held responsible. 
• Knowingly Rented Faulty Vehicles: if the company rents out a car with known safety defects, they could be considered negligent. 
• Failed to Follow Recall Notices: rental car companies are legally required to address vehicle recalls promptly. Renting out a car under an active recall without making necessary repairs can result in liability. 

Common Defects in Rental Cars That Lead to Accidents

Rental car companies maintain large fleets of vehicles, which can lead to lapses in maintenance that leave them liable for injuries. Common defects that may contribute to accidents include: 

• Brake Failures: worn or faulty brakes can cause accidents, especially in stop-and-go traffic. 
• Tire Issues: bald tires or incorrect tire pressure can lead to blowouts or reduced traction, particularly in adverse weather conditions. 
• Steering and Suspension Problems: poorly maintained steering or suspension systems can make it difficult to control the car, increasing the risk of accidents. 
• Faulty Lights: non-functioning headlights, brake lights, or turn signals can make it difficult for other drivers to anticipate your movements. 
• Malfunctioning Safety Features: issues with airbags, seatbelts, or anti-lock braking systems can exacerbate the severity of an accident. 

If you’ve been involved in an accident caused by a defect in a rental car, try to preserve evidence and document the issue as thoroughly as possible. 

When Can I Not Sue a Rental Car Company? 

There are situations where the rental car company is unlikely to be held liable for an accident. While this is not always the case, certain instances can work against your case. These can include: \

• Driver Negligence: if the accident was caused by your actions or those of another driver, the rental car company is not responsible. 
• Unauthorized Drivers: if someone not listed on the rental agreement was driving the car at the time of the accident, liability may shift away from the rental company. 
• Personal Maintenance Issues: if you were responsible for maintaining the vehicle during a long-term rental (e.g., checking oil or tire pressure) and failed to do so, liability may not fall on the rental company. 

Understand that there are nuances when it comes to liability, particularly when it comes to rental car agreements and state laws. If any of these apply to your case, it may not automatically be disqualified. 

What If I’m Driving the Car Outside of New Jersey?

While rental companies operate under agreements that may outline coverage and liability in different states, they cannot escape their legal responsibilities if negligence on their part is proven. However, keep in mind that additional factors may be involved, including state laws in the location of the accident, insurance coverage on the vehicle, and the legal systems of both New Jersey and the state where the accident occurred. 

Our knowledgeable car accident attorneys can help you understand your rights and options, no matter where the accident happened. 

What About the Rental Agreement? Is the Company Still Liable? 

Rental agreements often include clauses that attempt to limit the company’s liability. However, these agreements do not absolve rental companies from their legal obligations. While things like waivers and disclaimers may protect the company in specific circumstances, they cannot shield them from liability if their negligence caused the accident. 

Many rental agreements also include insurance options that provide some coverage for accidents. Be sure to review the terms carefully to understand your level of protection. There’s also the issue of maintenance and safety requirements. Remember that rental agreements cannot override state or federal laws that mandate vehicle safety standards. The car rental company can still be held responsible. 

What If the Person Who Hit Me Is Driving the Rental Car?

If you were injured in an accident caused by someone driving a rental car, you still have options for seeking compensation. Along with the liability of the driver and their insurance company, you may also be able to sue the car rental company if they can be proven liable for the accident based on the car they rented. In these cases, proving negligence and identifying the responsible parties is key to recovering damages.  

Get Help with Your Car Accident Case Today

Determining liability in rental car accidents can be challenging, but you don’t have to navigate the process alone. Whether you were driving the rental car or were injured by someone else driving one, our team is ready to help. We’ve helped our New Jersey clients recover over a billion dollars in verdicts and settlements. We’re not afraid to stand up to big companies with big legal teams. 

Contact us today for a consultation and let us help you secure the compensation you deserve.