Can I sue a rent-a-car company for renting out a car to an 88 year old man who failed to stop at a stop sign?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue a rent-a-car company for renting out a car to an 88 year old man who failed to stop at a stop sign?

This accident left serious damages to my car and some minor injuries.

Asked on February 5, 2016 under Accident Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the car rental company.  The property damage claim (cost of repairs to your car) is separate from your personal injury claim.
Notify the car rental company in writing that you will be filing a personal injury claim.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the auto rental company's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the rental car company's insurance  carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the rental car company and the at-fault driver.
If the case is NOT settled, your lawsuit for negligence must be filed with the court prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
In addition to the above claim against the rental car agency, you may also have similar claims against the driver's auto insurance company for property damage and personal injury.  The same discussion would be applicable.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption