When you go on vacation, renting a car can be very useful. However, it can also be very stressful. It is thus understandable for Florida tourists to be involved in more rental car accidents than locals. If you have a rental car accident in Florida, there are some important things of which you should be aware:
In 2005, a federal law named the Graves Amendment (49 U.S.C. §30106) was approved giving car rental companies immunity from lawsuits when a car is being used during a rental or short-term lease. Florida upheld the protections given by the Graves Amendment in Vargas v. Enterprise Leasing Co., 60 So.3d 1037 (Fla. 2011) which states that the owners of vehicles that are leased “short term”, meaning rentals less than one year, are not responsible for injuries caused by the negligence of the drivers that rent the cars. Due to the Graves Amendment, car rental companies are not obligated to provide insurance for a person that has been injured by a car rental driver.
However, rental car companies must abide by several Florida laws before renting a car to a driver. For example, the car rental company must verify that the driver has a valid driver’s license. If the car rental company fails to comply with Florida’s car rental laws, it can be argued that the Graves Amendment does not apply, which can eliminate the immunity that car rental companies enjoy. Without that protection, a victim of a car accident can go after not only the driver but also the car rental company.
If the car rental company is negligent in other ways, the Graves Amendment protection may also be wiped out. Some examples of the type of negligence above is if the car company serviced the vehicle improperly, failed to perform adequate maintenance, or even when the rental car company knew or should have known that entrusting the automobile to another “was foolish or negligent.” Orlando v. FEI Hollywood, Inc., 898 So.2d 167 (Fla. 4th DCA 2005).
Florida law requires all drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. PIP insurance provides coverage for the owner of the vehicle, residents in the same household, anyone driving the vehicle with the owner’s permission, and passengers and pedestrians involved in the accident if they do not have their own insurance. This PIP coverage will kick in even if you are driving a rental. If you have a more expansive auto insurance policy, chances are that it will also cover you while you are driving a rental car.
Due to the fact-intensive analysis required in each rental car accident case, if you or a loved one are involved in such an accident, you should hire an experienced attorney to represent you and make sure you receive the compensation you deserve.
At Clayton Trial Lawyers, we have experienced Florida personal injury attorneys who have won multi-million-dollar verdicts for our clients. Our attorneys pride themselves on their attention to detail and are well-versed in reviewing the facts of each case with the relevant statutory frameworks in mind. We fight for our clients to make sure they receive the justice they deserve! Contact us today to learn more.
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