Florida is a popular travel destination, and rental cars are a convenient option for visitors and locals alike. But what happens when you’re involved in a rental car accident? Understanding who pays for damages and how liability is determined is essential if you’re injured in a crash involving a rental vehicle.
Here’s a breakdown of how insurance policies, liability, and legal options work in Florida rental car accidents.
Step 1: Determine the Type of Insurance Coverage
Several types of coverage may apply in a rental car accident:
1. Rental Car Company Insurance
- Many rental companies offer Collision Damage Waivers (CDW) or Loss Damage Waivers (LDW) that may cover vehicle damage.
- Some also offer liability protection, but it may be limited.
2. Your Personal Auto Insurance
If you have a personal auto insurance policy, it may extend to rental vehicles. This typically includes liability, collision, and comprehensive coverage.
3. Credit Card Benefits
Some credit card companies provide rental car insurance if you use the card to pay for the rental. Coverage varies by card issuer and may be secondary to your personal policy.
4. Third-Party Liability Insurance
If another driver caused the accident, their insurance may be responsible for your injuries and vehicle damage.
Step 2: Understand Florida’s No-Fault Law
Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) insurance pays for your medical expenses and lost wages after an accident, regardless of who was at fault.
- PIP coverage applies to your injuries, even if you were driving a rental car.
- If your injuries exceed your PIP coverage or meet Florida’s serious injury threshold, you may be eligible to file a claim against the at-fault driver.
Step 3: Determining Liability in a Rental Car Accident
Liability depends on who caused the accident and the circumstances surrounding it:
- If You Were at Fault: Your personal insurance or the rental company’s coverage (if purchased) may cover the damages.
- If Another Driver Was at Fault: Their insurance is typically responsible for your injuries and damage to the rental car.
- If the Vehicle Was Defective: The rental company or vehicle manufacturer may be liable if poor maintenance or mechanical failure played a role.
Legal Options if You Were Injured
If you suffered serious injuries in a rental car accident caused by someone else, you may be entitled to additional compensation for:
- Medical expenses beyond PIP coverage
- Lost income and future earnings
- Pain and suffering
- Emotional distress
Did You Know?
Under Florida’s modified comparative negligence rule, you can recover compensation even if you were partially at fault—as long as your share of fault is 50% or less. Your recovery will be reduced by your percentage of fault.
Legal Advice
- Always report the accident to the rental company and law enforcement immediately.
- Document the scene, take photos, and collect contact information from witnesses.
- Seek medical attention, even for minor injuries, to protect your health and your claim.
- Review your rental agreement and insurance policies to understand your coverage.
- Consult with a legal professional to protect your rights and explore all available compensation options.
At Kemp Law Group, we help accident victims understand their rights and navigate the complexities of rental car accidents. If you were injured in a rental car crash, contact us today for a free consultation.
📞 Call us at 727-847-4878 or visit https://kemplaw.com/ to get the guidance you need.
