Because I crashed into a wall when my brakes failed, is it possible to claim compensation for accident with rental car?
You should be eligible to claim compensation for accident with rental car; provided that you sustained injuries in the accident that warranted medical treatment and that it can be proven that the accident was caused by the negligent actions – or inactions – of a third party. In your particular case, you may be able to claim against the rental car company as they owe you a legal duty of care to guarantee that the car you were provided with was road-worthy and in proper working order.
If it is established that the rental car company breached their duty of care to you, it should be possible to claim compensation for the injuries you sustained in the rental car crash. You should bear in mind, however, that the duty of care owed to you is not “absolute”, meaning that it the rental car company could not possibly have identified and repaired the problem in a “reasonable” amount of time, they may not be deemed responsible for the accident.
The best way of establishing liability is to discuss the circumstances of your accident and subsequent injuries with an experienced personal injury claims solicitor at the first practical moment. In the initial consultation -that most solicitors offer without charge – your solicitor would be able to assess your claim for compensation for accident with rental car to determine its viability. In order for your solicitor to adequately evaluate your rental car injury claim, it would be advantageous if you had carried out some standard procedures.
The first, and most important, is to have your injuries treated by a professional medical practitioner immediately following the accident. Aside from being beneficial to your health and safety, your medical records would have been updated to include your rental car crash injuries which could later be used to add substance to your claim.
It is also important to have had the accident documented in the Gardai’s Accident Report Book. If they did not attend the scene of the accident – where a report would have been made – an official record of your version of events is essential in supporting your rental car injury claim, so if you have not already done so, you should attend the local Garda station and file your report.
Even if you have not completed these procedures, or others such as collecting witness details or accessing CCTV footage, you would be well advised in speaking with a solicitor as soon as practically possible. It is important that your case is thoroughly investigated and professionally prepared in order to maximise the probability of success and of recovering compensation for accident with rental car in the quickest time.