I was recently involved in a car accident but I did not visit the doctor until a week later, can I still make a rental car accident claim?
A rental car accident claim will be possible if you have been the victim of negligence in an accident – however a claim will be affected if you share any liability. Each road user has a duty of care when driving a car, and if an accident in a rental car is caused due to negligence they will be the liable party in a compensation claim. However this duty of care is not absolute and you will also have a certain amount of responsibility to ensure that your injury from a rental car crash does not deteriorate into something more serious. Compensation for a rental car crash will be more difficult if contributory negligence is a factor, and for this reason you are advised to consult a personal injury solicitor at the earliest opportunity following your accident.
A rental car accident claim can be made as long as the negligence of a third party can be verified. This may be the situation if – for example – your injury from a rental car crash was sustained as a result of the negligent driver travelling too fast, or if they were not compliant with the rules of the road. For this reason a claim to compensation for a rental car crash will be made against the insurance policy of the negligent driver or – if the negligent driver was in control of the rental car – against the insurance policy of the rental company. If you need verification as to who exactly is liable for your accident in a rental car, a personal injury solicitor can assist you by assessing your accident and injury and by examining evidence.
However a rental car accident claim will be more difficult if your negligence was a factor in causing your accident or contributing to the extent of your injury. This may be the situation if – as suggested – you neglected to seek medical attention for your injury from a rental car crash until a week after your accident occurred. Seeking immediate medical attention is of paramount importance following an accident in a rental car, and if an ambulance was not called to the scene of the accident a medical examination should have been performed by a GP. If this did not occur, your claim to compensation for a rental car crash can be damaged if it is considered that your injuries deteriorated as a result of not being professionally treated.
You may still be entitled to claim compensation for a rental car crash if medical attention was not immediately sought – however your compensation may be reduced if contributory negligence is considered to be a factor in your injury from a rental car crash. A rental car accident claim for which you are at least partially liable may be more difficult to resolve and is more likely to be challenged, and for this reason you are strongly advised to consult a personal injury solicitor at the earliest opportunity following your accident and injury.