Rental Car Accidents in Florida: Your Rights as a Tourist or Local

Florida’s bustling tourism industry and sprawling roadways create a perfect storm for rental car accidents that leave victims wondering about their legal rights and recovery options. Whether you’re a snowbird escaping harsh northern winters or a local resident using a temporary vehicle, navigating the aftermath of a rental car collision involves complex insurance considerations and legal nuances unique to the Sunshine State.

At the Law Offices of Scott Sobol, we understand the confusion and stress that follows a rental car accident in Florida. Our experienced legal team has helped countless tourists and local residents secure the compensation they deserve while guiding them through Florida’s intricate insurance laws and rental company policies that can impact their claims.

Understanding Rental Car Insurance Coverage in Florida

When you rent a vehicle in Florida, multiple layers of insurance coverage may apply if you’re involved in an accident. Understanding these options before an incident occurs can save you significant headaches and financial strain.

Most rental companies offer supplemental coverage options that you must actively accept or decline when signing your rental agreement. These typically include:

• Collision Damage or Loss Damage Waivers: This isn’t technically insurance, but it waives your financial responsibility if the rental car is damaged.
• Supplemental Liability Insurance: Provides additional liability protection above your personal policy.
• Personal Accident Insurance: Medical expenses are covered for you and your passengers.
• Personal Effects Coverage: Protects belongings inside the rental vehicle.

After a rental car accident, your first step should be determining which policies may provide coverage for your damages. This often involves coordinating among your personal auto insurance, credit card benefits, travel insurance, and any supplemental coverage purchased from the rental company.

Florida’s No-Fault Insurance System and Rental Cars

Florida operates under no-fault insurance, which applies to rental car accidents just as it does to personal vehicle collisions. This system creates some important distinctions that affect your rights after an accident.

Under Florida’s no-fault laws, your own Personal Injury Protection (PIP) insurance covers 80% of medical expenses and 60% of lost income up to $10,000, regardless of who caused the accident. For tourists without Florida auto insurance, coverage may come from your home state’s policy, the rental company’s supplemental insurance, or other sources.

When injuries exceed Florida’s “serious injury threshold,” you may seek compensation from the at-fault driver. This may include severe and permanent loss of bodily function, permanent injury, scarring or disfigurement, or death. Our experienced attorneys can evaluate your injuries and determine if they meet this threshold for additional compensation.

Determining Liability in Florida Rental Car Accidents

Establishing who bears responsibility for a rental car accident follows similar principles to other motor vehicle collisions but introduces additional complexities involving rental companies and their insurance providers.

Liability for an accident typically falls on the motorist who violated traffic laws or acted negligently. However, rental car accidents may involve multiple potentially liable parties:

• The driver who rented the vehicle
• Other motorists involved in the collision
• The rental car company (in rare cases involving vehicle defects or negligent maintenance)
• Third parties are responsible for road conditions or defective vehicle components

Florida applies a modified comparative negligence standard, meaning you may only recover damages if you are 50% or less responsible for the accident. If you were hurt in the accident but are more than 50 percent at fault, the new law bars you from recovering any damages.

Your Rights After a Rental Car Accident in Florida

Whether you’re a tourist or local resident, you have important legal rights following a rental car accident in Florida. These include the right to seek appropriate medical treatment, file insurance claims, and potentially pursue compensation beyond no-fault benefits for serious injuries.

As a tourist injured in Florida, you may wonder if you need to remain in the state to pursue your claim. We can handle many cases even after you’ve returned home. Our firm maintains communication through phone calls, emails, and video conferences, making the legal process as convenient as possible for out-of-state clients.

Local residents using rental vehicles have similar rights to those operating their own vehicles, though they must navigate the additional layer of the rental agreement terms. These agreements often contain provisions affecting liability coverage and your responsibilities following an accident.

Contact a Florida Rental Car Accident Attorney

The aftermath of a rental car accident creates a maze of insurance policies, rental agreements, and legal considerations that can overwhelm anyone, especially visitors unfamiliar with Florida’s laws. Having skilled legal representation ensures your rights remain protected throughout the claims process.

With decades of experience handling complex auto accident cases throughout Florida, the Law Offices of Scott Sobol provide the skilled advocacy you need following a rental car collision. Our team understands the unique challenges facing both tourists and locals in these situations and works tirelessly to obtain compensation for your injuries. Call us today at (954) 440-2000 or fill out our contact form for a free consultation.