As a leading law firm in Fresno, Bojat Law Group frequently encounters clients who have experienced an accident in a rented vehicle and are faced with denied claims for damages. The biggest problem lies in the misunderstanding of CDW (Collision Damage Waiver) insurance and its limitations. Our Fresno car accident lawyer is here to help you understand your rights and get the adequate compensation to which you are entitled.
Rental Cars and Collision Damage Waiver
The CDW represents the additional protection offered by rent-a-car companies, but it is important to understand that this is not standard insurance in the true sense of the word. It is a waiver of liability that protects the driver from the cost of repairing or replacing the rental vehicle in the event of an accident.
Key limitations of CDW insurance that you need to know:
- Does not cover bodily injury to the driver or passenger
- Does not include damage to other vehicles
- Excludes damage to personal property in the vehicle
- Not applicable in cases of gross negligence
- Expires in case of breach of lease
What is Covered by a CDW
- CDW covers collision damage, theft protection, vandalism, and accidental damage.
- CDW also covers damages caused by unforeseen events like fires, hailstorms, and floods.
- However, CDW may not cover personal injuries, negligence, or breach of contract, and it’s essential to understand the exclusions and limitations.
Steps to Take After a Rental Car Accident
- Report the accident to the rent-a-car agency and the insurance company
- Keep detailed records of medical expenses and other losses
- Avoid admitting fault or responsibility before consulting a lawyer
Legal Aspects and Insurance
In the complex process of recovering damages after a rental car accident, different types of insurance can cover your case:
- Basic health insurance – covers initial medical expenses
- Personal auto insurance – can be extended to rented vehicles
- Credit card insurance – often an added protection
- Third-party insurance – activated when the other party is at fault
Compensation for Medical Expenses
According to our experience in Fresno, the average compensation for injuries in rent-a-car accidents can vary considerably. Recently, we were able to provide our client with full compensation that included not only immediate medical expenses of $25,000 but also rehabilitation, lost earnings during a three-month recovery, and compensation for physical and psychological pain.
Tracking and documenting damages is key to successful compensation. Instead of simply keeping accounts, our office uses a systematic approach that includes:
- A medical visit log detailing each treatment and therapy
- Detailed records of lost hours and missed business opportunities
- Photographs of injuries and their progress during treatment
- Medical reports on prognosis and expected time to full recovery
Our team of legal experts in Fresno will analyze every aspect of your case – from the initial costs of emergency care to longterm rehabilitation needs. For example, we recently discovered that the insurance company had not taken into account the need for physical therapy after spinal surgery, adding a substantial $15,000 to our client’s final compensation.
When To Talk To a Car Accident Lawyer
If you are uncertain about insurance, liability, or compensation procedures, consult a legal professional. A good lawyer will help you to exercise your rights and get the compensation you deserve.
Insurance companies often contact injured parties in the first 48 hours after an accident, offering quick settlement. We recently had a client who was offered $5,000 to settle, and after our intervention he received $45,000 – showing how important it is to have a lawyer before any negotiations.
If you have a fracture, head, neck, or back injury, you need a lawyer who will ensure that the compensation covers not only current medical costs but also future treatment needs. For example, our client with a neck injury initially thought it was a minor injury, but later required surgery – fortunately, we did not accept the initial settlement.
Call a lawyer right away if:
- The other party disputes liability.
- There are multiple parties involved in the accident.
- The rental car company claims you violated the agreement.
- The insurance company refuses to cover certain medical expenses.
- Your injuries impact your ability to work.
Do not be confused by the complex terms of CDW insurance or the tactics of insurance companies – call us at (818) 877-4878 for a free consultation. Our team in Fresno is available 24/7 to protect your rights and provide you with the compensation you deserve.
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