En rental car accidents in Florida occur, the at-fault driver generally shoulders property damage responsibility. However, each involved party must first turn to their personal injury protection (PIP) insurance for injury-related medical bills and lost wages.
The above explanation may make rental vehicle liability seem pretty straightforward, but unfortunately, many nuances exist in Florida car accident laws that make it more complex. The state’s “no-fault” insurance and “modified comparative negligence” rules are just a few examples.
Having a better understanding of these accident laws is therefore crucial, especially since the auto rental market is large in Florida, given its status as a tourist destination. Per VisitFlorida.org, estimates show that in 2024 alone, the state welcomed 143 million visitors.
What Happens in an Accident With a Rental Car?
If you get involved in an accident with a rental car, your first concern is your safety. Do this whether you’re the renter or the other driver. Always check yourself for injuries immediately after a crash, be it a T-bone accident, a side-swipe crash, or a rear-end collision.
Then, check your other passengers and involved parties. If anyone has sustained injuries, dial 911 right away.
Next, contact the police. As explained by the Florida Highway Safety and Motor Vehicles (FLHSMV), Section 316.065 of the Florida Statutes requires any driver who gets into a crash to call law enforcement immediately if the incident results in:
- de lesiones
- Muerte
- Vehicle or property damage estimated to be worth $500 or more
You should still consider calling the police even if there are no apparent injuries or the damage appears to be under $500. They’ll document the incident and file a report, which you can then obtain and use as evidence should the need for rental car insurance claims arise.
Finally, contact the rental company and your personal auto insurance provider.
Whose Insurance Covers Rental Car Accidents in Florida?
Your auto insurance, the auto rental company’s insurance, and the other driver’s car insurance may all apply when there are injuries and property damage. Here are some examples to help you better understand what happens.
Example 1: You’re a Floridian
Say you get involved in a crash with a tourist driving a rental car. If so, your PIP should pay for your medical bills, hospital fees, and wages you’ve lost or will lose, up to your policy’s limits.
The at-fault driver’s personal auto insurance should then cover damages to your property (e.g., your car and its contents). The rental company’s insurance may also kick in upon the exhaustion of the at-fault driver’s coverage.
The same applies if you’re a Florida resident driving a rental car and another driver hits you. Your PIP should cover health-related expenses caused by the incident, and the other driver’s insurance should cover the costs associated with repairing damaged property.
Example 2: You’re a Tourist in Florida
What if it’s the other way around, and you’re a visitor to Florida who gets involved in a crash?
As explained by an article published on the news site FingerLakes1.com, Florida’s no-fault protection and PIP laws don’t automatically extend to out-of-state drivers. You’d have to rely on your own PIP or medical payments to get the same coverage as Florida’s PIP provides.
Depending on the percentage of your “fault” in the crash, you may be unable to recover anything from the other driver at all. Florida’s modified comparative negligence rule (§ 768.81) states that any party found to be over 50% at fault may not recover any damage.
Do You Need a Lawyer to Help Deal With Rental Car Accidents?
Consider hiring a lawyer if any complex issues surround the rental car accident, such as liability disputes. An example is if the other driver alleges you’re over 50% responsible for the incident. If you don’t prove them otherwise, the legal system’s modified comparative negligence rule will bar you from recovering any damage.
Another situation is if your personal auto insurance company or that of the rental car company refuses to pay out. Do the same if, for some reason, the rental car firm is seeking and requiring you to pay exorbitant damages.
In such situations, a highly experienced car accident attorney can advocate for you and help clarify liability.
Preguntas frecuentes
Will My Insurance Go Up if I’m Not at Fault for a Car Accident?
It should not.
Florida Statute § 626.9541(1)(o)3. a prohibits insurance companies from raising premiums for the sole reason that a policyholder was in a car crash that wasn’t their fault. The insurer must, in good faith, determine that the policyholder had a substantial contribution to causing the accident.
On the other hand, drivers found and proven to have caused a car accident can expect their insurance premiums to rise considerably. According to U.S. News and World Report, being at fault for an accident causes the average cost of auto insurance to go up by $872 yearly.
Should I Still See a Doctor After a Crash Even if I’m Not Hurt?
Yes. Even if you don’t have any visible wounds, it doesn’t mean you didn’t sustain any internal injury.
Many types of car crash injuries, from whiplash to organ damage and head and brain injuries, don’t always present themselves with symptoms immediately. It can take several hours, days, or even weeks for them to manifest. By the time symptoms appear, the injury could be much worse.
For those reasons, please ensure you head straight to the doctor (i.e., as soon as the police say you can leave the scene of the crash).
Lawyer Up for Rental Car Accidents
Rental car accidents in Florida can be complex, often involving out-of-state drivers and multiple parties, including several insurance companies. If you’ve been in such a crash, the last thing you want is the additional stress of dealing with these legal complexities.
Instead of pursuing the at-fault party or proving that you’re the victim, consider partnering with our legal firm, RHINO Lawyers, and we’ll do it on your behalf. We have many years of legal experience in car accidents, and we’ll use our skills and knowledge to help you achieve the best possible results for your case.
Contacte con nosotros hoy mismo for bold representation. Our team is on standby 24/7, ready to give you a free case evaluation and car accident legal advice.
CONTACTE A UN ABOGADO DE ACCIDENTES DE AUTO EN TAMPA
En resumen, después de un accidente de coche, es posible que no conozca sus derechos. Sobre todo, no luche solo en el proceso. En realidad, nuestro equipo de lesiones personales está aquí para ayudarle con cualquier necesidad legal que pueda tener en relación con su accidente.
Por último, dejemos que RHINO Lawyers responder a sus preguntas y revisar los hechos de su caso con una consulta gratuita. Así que, comience completando el "EVALUACIÓN DE CASO GRATUITA INSTANTÁNEAMENTE" o llamándonos a cualquier hora, de día o de noche, al 844.RHINO.77.
