Renting a vehicle can be an exciting process and many people rely on this service during vacations in South Florida. Someone may also rent a vehicle while their primary car is getting fixed from a car accident or a complicated vehicle service. The last thing someone wants to think about in either of these scenarios is a car crash, but these situations do happen.
You will first need to treat the accident as if it happened with your personal vehicle. That includes calling 911 and reporting the accident to authorities immediately. Take pictures and videos of the scene for documentation. Obtain contact information from any potential witnesses, even if the police have already attempted this. Report the accident to your insurance company as soon as possible. Lastly, follow the rental company’s accident reporting process as required.
Will I be responsible if I am in a car crash with a rental vehicle?
First, it is important to know that you cannot sue the rental car company for damages resulting from a car accident with a rental in most cases. The Graves Amendment, a federal law, was passed in 2005, which gives immunity to rental car companies. Florida upheld this law in 2011 with the case Vargas v. Enterprise Leasing Company, in which the court determined that the owners of vehicles are not responsible for accidents involving rented vehicles or vehicles on a short-term lease (less than one year), regardless of the driver’s negligence. Exceptions to this include situations in which the rental car company was negligent and 1) rented a vehicle to someone without a valid driver’s license, 2) failed to properly service the vehicle which then caused an accident, 3) failed to perform adequate maintenance, or 4) engaged in a manner deemed reckless.
To know whether or not you will be liable for a car crash with a rental vehicle depends on several factors.
Just like crashes with your personal vehicle, liability for accidents with rental cars are based on who is at-fault for the accident. If the at-fault driver was using a rental then different coverages may be used. These include the at-fault driver’s credit card company, as major credit cards often offer some rental car coverage. It also includes the at-fault driver’s personal insurance policy, their PIP policy, and the rental car company’s insurance policy. This applies if the driver purchased coverage from the rental car company.
If the person driving the rental vehicle is not ensured then the situation could become more complex. In this event, underinsured and uninsured motorist coverage in your policy becomes essential. This ensures you are financially covered up to your policy’s limits. Further, Florida is a no-fault state, meaning your PIP coverage will apply to the accident. However, PIP coverage only applies up to a certain point. The cost of the accident may exceed the minimum PIP requirements of $10,000.
If you are driving the rental vehicle and are hit by another driver, the at-fault driver’s policy will cover the damages. However, if the at-fault driver’s policies do not cover the cost of the damages, the coverage will depend on your personal insurance coverage. Likely, your PIP coverage will kick in. It will also depend on whether or not you opted for renter’s insurance as a daily fee for your rental.
In fact, PIP coverage extends to passengers in the vehicle, pedestrians, someone driving the vehicle with the owner’s permission, and members of your household. If you are in an accident in Florida and are from another state, your insurance will cover the accident. This will be based on the policy limits.
What happens if you crash a rental car without insurance?
Rental car companies ask for proof of insurance prior to renting out a vehicle. This protects the rental car companies in the case that the driver is in an accident. If you cannot provide proof of a current auto insurance policy, you may not be able to rent a vehicle. Rental car companies typically require drivers to carry some form of liability insurance. Some rental companies offer supplemental coverage for an additional daily charge. Most rental car companies provide an optional add-on policy that covers damages if the renter is in a car crash. This add-on policy may have specific coverages that differ from your personal insurance policy. If you purchased the add-on policy and are in an accident, consulting with a personal injury attorney can help clarify what is covered and what is not.
What will my insurance cover if my rental car is damaged?
It is important to know if your personal insurance policy will cover you in case of an accident. Even your credit card company might provide some coverage, so it’s worth reviewing this before renting a vehicle. For example, your insurance policy may not cover theft or vandalism. If your rental is stolen or damaged, you may be financially responsible. Depending on your coverage, your personal insurance may or may not cover collisions. It also might not cover vandalism, tire damage, or a rollover.
If you have been involved in an accident with a rental vehicle, you must report it promptly. This applies whether you were driving or if another driver caused the accident. Report the incident to your insurance company and the rental company to begin the claims process. It is also wise to contact a personal injury attorney to review your case. This ensures your legal rights are protected throughout the process. Rental car accidents can be complex, and consulting an experienced attorney can save you the stress of uncertainty about the next steps.
Consult with a South Florida Attorney
Car accidents with serious injuries, liabilities, and damages will likely require the assistance of an attorney. This allows the injured person(s) to focus on recovery while a legal professional handles the stress of the insurance claims process. At Clayton Trial Lawyers, we specialize in supporting our clients so they can focus on recovering from the trauma of a car accident. Contact us today for a consultation.