If you are involved in a crash while driving a rental car in Florida, several insurance policies and laws can affect your case. These include Florida’s no-fault system, optional rental coverages, credit card benefits, and federal liability rules.
Florida’s No-Fault Insurance Rules
Florida is a no-fault state. This means that Personal Injury Protection (PIP) covers your medical expenses and lost wages regardless of who caused the crash.
- Florida PIP Laws
Florida requires all vehicle owners to carry PIP, but rental companies themselves are not automatically required to provide PIP on every car they rent out. Instead, most rental companies meet financial responsibility requirements by carrying liability coverage, not PIP.
- Your PIP
If you have your own Florida auto policy, your PIP extends to rental car accidents. If you do not, you may need to rely on the rental company’s offered coverage or your health insurance, depending on the rental agreement.
- Rental Company's PIP
Some rental companies may include limited PIP coverage in the rental agreement, but this is not guaranteed.
- Property Damage Liability
PIP does not cover vehicle damage. Florida law requires drivers to carry at least $10,000 in Property Damage Liability (PDL) coverage, which may apply to rental accidents.
Optional Coverage
Rental Car Companies
Most car rental companies throughout Florida offer optional protections that can fill important gaps in coverage. These add-ons are not required, but they can reduce out-of-pocket costs and shift responsibility for damages or injuries. Understanding what each option does can help you decide whether the extra expense is worth it. These options can include:
Credit Cards
Some credit cards provide rental car protection if you use them for payment. But this usually applies to damage to the rental car, but not to liability or medical expenses.
The Other Driver's Insurance
If another driver caused the crash and your injuries meet Florida’s serious injury threshold, you may pursue a claim for additional damages such as pain and suffering.
Most car rental companies throughout Florida offer optional protections that can fill important gaps in coverage. These add-ons are not required, but they can reduce out-of-pocket costs and shift responsibility for damages or injuries. Understanding what each option does can help you decide whether the extra expense is worth it. These options can include:
- Collision or Loss Damage Waiver (CDW/LDW)
Covers repair costs or theft of the rental vehicle.
- Supplemental Liability Insurance (SLI)
Provides additional liability coverage beyond the state minimum.
- Personal Accident Insurance (PAI)
Covers medical expenses and accidental death benefits for you and your passengers.
- Personal Effects Coverage (PEC)
Protects belongings like laptops, luggage, and cameras.
Credit Cards
Some credit cards provide rental car protection if you use them for payment. But this usually applies to damage to the rental car, but not to liability or medical expenses.
The Other Driver's Insurance
If another driver caused the crash and your injuries meet Florida’s serious injury threshold, you may pursue a claim for additional damages such as pain and suffering.
Florida Rental Car Company Liability & the Graves Amendment
You generally cannot sue a rental car company simply because it owns the vehicle involved in the crash. The federal Graves Amendment protects rental agencies from being held automatically responsible for accidents caused by their customers.
However, a rental company may still be liable in certain situations. These include:
However, a rental company may still be liable in certain situations. These include:
- failing to maintain the vehicle properly
- allowing an unqualified driver to rent and operate it.
Determining Liability in a Rental Car Crash in Florida
Liability outside of Florida’s no-fault coverage depends on several factors:
- Accident Fault
This is based on evidence such as police reports, witness statements, and accident reconstruction.
- Vehicle Condition
Maintenance records and manufacturer defects may be reviewed to determine whether the car itself contributed to the crash.
- Comparative Negligence
Florida follows a modified comparative negligence system. You must be less than 50% at fault to recover damages.
- Rental Agreement Terms
The contract may outline who is responsible for damages and how insurance applies.
Steps to Take Immediately After a Rental Car Crash In Florida
- Call 911
Check for injuries and call 911. Make sure everyone is safe and request emergency medical help if needed.
- Get Medical Help
Seek medical attention right away. Even if you feel fine, some injuries may not appear immediately.
- Call Rental Company
Notify the rental car company. Report the crash promptly, as required by most rental agreements.
- Call a Lawyer
Contact a Florida personal injury attorney. Before giving detailed statements to any insurance adjuster, speak with an in-state attorney who understands Florida’s no-fault rules and rental car liability laws. This ensures you do not jeopardize your claim.
- Gather Evidence
Document the accident scene. Take photos and videos of the vehicles, your injuries, the road conditions, and anything else relevant. Collect names and contact information from witnesses.
- Gather Information
Exchange information with all drivers. Obtain insurance details, driver’s license numbers, and contact information from everyone involved.
- Call Insurance
Notify your personal insurance provider. Let them know about the crash, but avoid giving detailed recorded statements until after consulting with your attorney.
If you were injured in a rental car crash in Northeast Florida, call our Jacksonville car accident lawyersJacksonville Car Accident Lawyers today. We are ready to help through each step to full compensation.