What Happens When You Get Into An Accident In A Rental Car In Florida?

Imagine driving a rental car, and suddenly, a squeal of brakes pierces the air as another vehicle slams into you. The crash of metal, the shock of the impact, and the flood of adrenaline—these are the moments when time seems to stand still, yet the consequences are all too real.

In this article, you will discover:

• Who is legally liable in a Florida rental car accident
• What makes rental car insurance claims unique
• Why it’s essential to act quickly in a Florida rental car accident

How Does Insurance Work With a Rental Car?

Imagine renting a car and being involved in a crash. Typically, the other driver’s insurance works as a safety net, stepping in to cover the costs of the mishap. Just like a reliable net that cushions a fall, this basic liability coverage is there to handle the financial impact of the accident. Sometimes, the driver may have bought extra insurance from the rental company, applying an added layer of protection, much like a second net ready to catch what slips through the first. It’s vital to understand these layers for a clearer picture of how you are shielded in such situations.

In Florida, if the person who hits you with a rental car does not have any insurance at all, whether liability or bodily injury liability, the minimum financial responsibility required of the rental car company is to pay $10,000. To put that into perspective, $10,000 barely covers an emergency room visit these days, underscoring the financial gap victims may face. Hopefully, the person who hit you has coverage, or you have uninsured motorist coverage (”UM”) on your own vehicle.

Uninsured or underinsured motorist (”UM”) coverage protects you if the person who caused the crash has no insurance or not enough insurance. This is the most important coverage you can buy for your protection, especially in rental-car accidents. Imagine Jane, who was involved in a rental car accident with an underinsured motorist. Fortunately, she had UM coverage. This crucial protection allowed her to cover the extensive medical bills and repair costs, turning a potentially devastating situation into a manageable one.

Suppose you file a claim against the at-fault driver’s insurance, which has a $25,000 bodily injury policy limit, but the accident costs are $150,000. You can seek money from the at-fault driver’s insurance and from the rental car company if the driver bought extra coverage. If the at-fault driver has no insurance, there is still an extra $10,000 available under the minimum coverage law.

Because there are so many details with rental car insurance, it’s important to contact an experienced personal injury attorney right away. They can help you get the most money possible by using all available insurance options.

Can You Sue A Rental Car Company In Florida?

Suppose you’re driving a rental car in Florida and get into an accident. If the car had a problem that caused the crash, and the rental company knew about it but rented it to you anyway, you can sue the rental car company.

When you rent a car, you should expect it to be safe, and the rental company must make sure it is. But rental cars are widely used. If your rental car’s brakes suddenly stop working, your lawyer should check the rental company’s records to see when the brakes were last fixed.

Attorney Micah Longo is a skilled lawyer based in Davie, Florida, who has helped many clients like you navigate the intricacies of personal injury law. With more than a decades of experience, he is prepared to represent you in your rental car accident claim to ensure the responsible party pays full compensation to cover your treatment, medical bills, lost wages, pain and suffering.

Still have questions? Ready to get started? Contact The Longo Firm today to schedule an initial consultation.

What is the Graves Amendment In Florida?

Think of the Graves Amendment as a shield for rental car companies, unless they knew the car was unsafe. Rental car companies have some protection under this federal law that bars vicarious liability. In other words, the law protects rental car companies from liability for accidents simply because they own the vehicle. However, the amendment doesn’t apply if the company knew of a defect or failed to properly maintain the vehicle.

The Graves Amendment does apply when a company rents you a car in good working condition, and you are involved in a car crash. The rental car company is protected provided the vehicle is in proper mechanical condition, and the driver is licensed and not visibly intoxicated at the time of rental.

Suppose you bring a case against an at-fault driver’s insurance company that provides $25,000 in coverage, but the accident is significant and worth $250,000. You can make a claim against the at-fault driver’s insurance company and also against the rental car company, if the at-fault driver purchased any extra coverage.

The amendment doesn’t relieve rental car companies of the duty to maintain their vehicles, including making sure that brakes, headlights, and fluid levels are properly maintained. If any of those defects caused or contributed to the crash, the rental car company can be legally responsible in Florida. To help you understand what routine maintenance should include, here’s a quick checklist:

•   Tires are properly inflated and have sufficient tread.
•   Brakes are in good condition.
•   Lights, including headlights and taillights, are functioning.
•   Fluid levels, such as oil and coolant, are adequate.
•   The vehicle’s general mechanical condition is stable.

Most people do not buy extra insurance, but some do. A personal injury lawyer will check the insurance policy to see if there is extra coverage you or the other driver bought for the rental car.

Why Is It Important To Act Quickly In Rental Car Cases?

As time goes by, people forget details. In any crash, the drivers are the main witnesses. If you wait six months to report a claim, people may not remember what happened. Sometimes, rental car companies also lose rental contracts or change their systems, so the contract is no longer available. Every week you delay reporting could mean losing a witness memory worth $5,000—waiting can literally cost you money.

So, while everyone still remembers the crash, you need to act fast. Waiting can cost you money. If you hire a lawyer, all you have to do is call them.

Your lawyer will handle your claim, talk to the insurance companies, make sure your medical bills are paid, and help you get the care you need. They do not charge anything up front. You only pay if they win your case.

What If The Rental Company Claims I Violated The Rental Agreement?

There are many rules in the rental car agreement. If you break a rule, like not returning the car with a full tank of gas, that does not mean you cannot make a claim if you are in a serious accident. But the rental car company may check if you let someone else drive the car.

Suppose you go on vacation with friends and sign the rental car agreement stating you will be the only driver. If you let a friend drive and they crash into another car, your insurance could be affected. The rental car company may say you broke the agreement by letting someone else drive.

In my practice, I primarily work with individuals who weren’t at fault in the accident. If an at-fault driver hits you and you’re in a rental car, you’re going to make a claim against the at-fault driver, not your rental car company. That driver’s insurance will pay for any damage to your vehicle.

I was once driving a rental car out of state, and a car crossed lanes and hit me head-on. I was with my wife and my newborn daughter. Regardless of any agreement I had, the at-fault driver was responsible for the property damage, the rental car repair, and any medical expenses we incurred. The key point here is that, in rental-car accidents, it is the at-fault status, not the details of the rental agreement, that determines who is financially responsible.

Finally, regarding rental car companies claiming you violated the policy, this only matters if you are at fault in the accident. Your insurance is rarely impacted if you weren’t at fault in the accident.

Still Have Questions? Ready To Get Started?

To learn more about Florida rental car accident liability, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 231-5802 today. You don’t have to handle this alone; one call can protect your rights and leave you feeling empowered.