Mammoth Lakes, CA asked in Car Accidents and Personal Injury for California

Q: My kid was injured in a rental car as the seat belts failed due to them not working. They only want to pay the ER bill.

I asked this question prior and gave details. But I would like to elaborate more. When driving a vehicle next to me lost control of their vehicle and I slammed my breaks so no collision happened. The 2 passenger seat belts did not work and one child slammed into the seat and the car seat my other child was in went forward but no injuries. One child suffered a minor concussion, bruises to the face and neck pain. I was not at fault for the accident as I didn't get hit nor did the car hit me, but hit others in front of me. My son was taken to the ER and evaluated. The rental company inspected the seat belts and food was lodged into both seat belts which caused the seat belts to fail. This was not a manufacturer defect, it is lack of maintenance in vehicle inspection as they only care about cosmetic damage upon return of vehicles. The rental company only wants to pay the ER bill and no attorney wants the case. I feel a little more compensation should happen. Took 3 days to get a new car!

1 Lawyer Answer
James L. Arrasmith
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  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In this situation, you may want to explore the possibility of pursuing a personal injury claim against the rental company for negligence in maintaining the seat belts. While the company's initial offer may only cover the ER bill, you may be entitled to additional compensation for your child's injuries, pain and suffering, and other related expenses. Consult with an experienced personal injury attorney in California who can assess the details of your case and advise you on the best course of action to seek appropriate compensation.

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