I wish to seek rental car crash compensation – however I have been warned of contributory negligence – what does this mean?
If a third party had caused an accident in which you sustained an injury and for which you are not to blame, you may be entitled to claim rental car crash compensation. However this could depend upon your liability towards your own rental car crash accident and whether you had contributed to your own accident or injury. While your claim for a rental car crash may be possible if another driver had failed in their duty of care, it should also be remembered that this duty is not absolute, and you too have a responsibility. To establish whether you can claim for an injury from a rental car crash, you are advised to consult a personal injury solicitor at the earliest opportunity.
Determining liability for your rental car crash compensation is difficult in the absence of specific details of your accident and injury. For example, it may be the situation that you were driving the rental car in question and another driver had caused the rental car crash accident – in this situation a claim could be made against the negligent party’s insurance company. It is also possible that your injury from a rental car crash was caused by the driver of a rental car, in which case a claim can be made against the insurance policy of the car rental company. There are other scenarios in which a claim for a rental car crash may be possible, such as the dangerous driving of the negligent party, or the poor condition of the roads.
Even if another party is primarily liable for your injury, rental car crash compensation could still be affected if contributory negligence is a factor in your accident and injury. This may be the situation if a negligent driver had caused your rental car crash accident, but it was made worse because you were travelling too fast. A claim for a rental car crash could also be affected if – for example – you neglected to seek immediate medical attention for your injuries and they deteriorated as a result. A claim to compensation for your injury from a rental car crash may still be possible if contributory negligence is a factor – however it is possible that your overall compensation may be reduced if you are partially liable.
If – for instance – you are 20% liable for your injury from a rental car crash, you will face a reduction in your compensation to reflect this negligence, meaning you will receive only 80% compensation. Should your liability be substantial, a claim for a rental car crash may not be worth your while to pursue. It appears as though your claim may be challenged, and for this reason a personal injury solicitor should assess your rental car crash accident. By providing professional legal representation for your claim, a solicitor can ensure that you can receive the maximum amount of rental car crash compensation to which you are entitled.