You should never have to bear financial hardship after a car accident if it was caused by someone else’s negligence, carelessness, or recklessness. If your car was temporarily damaged or permanently destroyed in the accident, you should be able to get a rental to meet your transportation needs. Getting one can be complicated, though, since negligence and financial liability have not been proven yet.
A Louisiana personal injury lawyer in your area can explain how to get a rental car after an accident in Louisiana and the legal guidelines that support your right to do so. They will also explain additional damages you can recover and the applicable filing deadline. Most will review your case for free and represent you on a contingency fee basis so you can start pursuing the at-fault driver right away.
Louisiana Department of Insurance Guidelines Entitle You to a Rental Car After an Accident
If your car is damaged in an accident, it could take time to restore it to its pre-accident condition. According to Louisiana Department of Insurance (LDI) guidelines, the at-fault driver’s insurance company should pay for the cost of a rental car while you wait.
They may or may not cover the costs of a rental, though, if your car is declared a total loss. If they do, it would be for a brief, pre-determined period. A car accident lawyer might be able to help you have these costs covered.
If you are seeking compensation from your own insurer, the cost of a rental might only be covered if your policy specifically includes this option. Your lawyer will carefully review your policy, and, if you are entitled to a rental car (even for a short time), help you obtain one.
You Can Recover More Than the Cost of Getting a Rental Car After an Accident
A car accident can leave you with many costly expenses. Financial liability caused by the at-fault driver’s actions entitles you to more than a rental car. They can also be held liable for additional personal injury compensation, including the following economic damages:
- Accident-related medical bills
- Current and future income loss
- Vehicle repair or replacement
You can also recover non-economic damages, which can be more difficult to document on your own. These are intangible damages and can include:
- Pain and suffering
- Physical disability
- Lasting disfigurement
- Mental and emotional anguish
- Loss of enjoyment of life
Your lawyer will build a strong evidence collection that includes both types of damages you are entitled to recover and documentation that supports their monetary value.
Louisiana’s Statute of Limitations for Car Accidents
Do not wait to request a rental car after an accident. Getting one can help you meet the regular transportation needs of yourself and your family without adding to your post-accident expenses.
Acting quickly can help you avoid missing the statute of limitations that allows you to recover additional damages as well. In general, the personal injury statute of limitations is only one year from the date of the accident, according to CC Art. 3492.
If the filing deadline expires, the court will not permit you to file your lawsuit, or it will dismiss it without listening to its merits. Your lawyer can help you interpret and meet the appropriate deadline, including any fluctuations that might affect the date.
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How to Prove Financially Liability for Rental Car and Other Accident Expenses
Getting a rental car and recovering additional damages after a car accident starts with proving the other driver’s actions caused the collision. This can be harder than you think on your own. If a lawyer represents you, they will explain how to prove you were not at fault.
To prove negligence after an accident, you must prove the negligent driver owed you a duty of care and failed to provide it. You also have to prove the accident would not have occurred without their actions and that it had negative financial consequences. You do not have to prove these elements on your own.
Your lawyer will prove financial liability and submit your evidence to the insurance company. They will build a solid case file a negotiate the best possible settlement for you.
Your Louisiana Police Report Could Indicate Your Right to Get a Rental Car
The police report generated after a car accident can contain a wealth of information your lawyer can use to document the at-fault driver’s actions. This can include:
- Contact information for the at-fault driver and their insurer
- Police-generated photos and video footage
- Descriptions of points of impact and damage to both cars
- Contact information for any witnesses who came forward
It will document any readily apparent injuries and whether or not you required emergency care or transportation to a nearby emergency room. It will also note that your car had to be towed from the scene because it was inoperable.
Photos and Video Evidence Can Support Your Right to Get a Rental Car
Your evidence collection will include photos of the accident scene, whenever possible. It will also include photos and video footage that show the damage to your car and the position of both cars. Images can come from:
- Dashcam
- Security
- Surveillance
Your lawyer will handle evidence collection rather than asking you or your family to track down documents and physical evidence. That includes collecting additional evidence that supports your case, including medical records and bills and repair or replacement estimates for your car.
The strength of your evidence can steer your case toward a settlement. Your lawyer will obtain, organize, and submit it to the insurance company.
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Get Help Getting a Rental Car After a Louisiana Accident
If you were involved in a car accident and your car is temporarily or permanently undrivable, you could be entitled to a rental car. You should not have to be inconvenienced because of another driver’s negligence. Find out how to get a rental car after an accident in Louisiana.
Our case review team will explain your rights and the at-fault driver’s responsibilities. Learn more by contacting one of our team members at Laborde Earles today.
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