Rental Liability, Pedestrian Incidents, and Other

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It is the most common car accident that can be understood is when two drivers, both adequately insured, collide with each other. There are many accidents that occur every day, and not all are covered by insurance.

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Remember that coverage can vary depending on where you live. This is how insurance works in three situations that are common: rental liability, bicycle and pedestrian accidents, and domestic animal accidents.

Renting or leasing a vehicle

Most states provide coverage for all automobiles that an individual drives. This includes a rental vehicle. If this is the case, you don’t need additional insurance from an automobile rental or leasing company unless you wish to expand your coverage, such as adding collision coverage. It’s a smart idea to contact your insurance company before renting to determine if your current policy covers any rental liability.

A Pedestrian or Bicyclist is Hit

Some states have a presumption that drivers are at fault for striking pedestrians or bicyclists due to insufficient care or defensive driving. The presumption of fault can be overturned if there is evidence of fault or a violation of statutory law on the pedestrian or bicyclist’s part. This concept is called contributory negligence.

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A bicyclist might have been riding at night with no headlamp or a pedestrian could have been jaywalking. The pedestrian and the bicyclist may both be partially or fully responsible for their injuries in contributory negligence states. Because neither one of them acted in a reasonable prudent manner in a similar situation and their actions contributed to their injuries, this is called contributory negligence. Even though the pedestrian was walking at the time, they are covered by their automobile policies in no-fault states.

If a Domestic Animal is Hit

A domesticated animal may sustain injuries or damage to its vehicle from a driver. The owner of the animal could be held liable for allowing it to run free. The animal owner can sue the driver if the accident was caused in part by negligence. Most states restrict damages to the animal’s value or its medical care. They do not allow non-economic damages such as emotional distress that can be associated with the death of a pet.

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This is an area of law that is rapidly changing. However, injuries or damages to the driver’s car caused by collisions with wild animals (e.g. deer) are generally covered without assigning fault. If the animal is not posing a danger to the driver or other motorists, the driver must provide assistance.

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A lawyer can help you learn more about rental liability and pedestrian accidents

It’s a smart idea to contact a personal injury lawyer if you have been in a car accident. A lawyer can tell you if someone caused you harm, and if you may be entitled to damages.


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