Rental car accidents are often more complex than your average motor vehicle collision. In addition to dealing with issues of liability, these accidents generally include an added layer of complexity due to a tangle of insurance policies.
The reality is that responsibility for a rental car accident in Florida may involve several different parties. What’s more, there could also be multiple insurance policies in effect even when there are only two drivers involved. Talk to our firm today to discuss your rights.
Several parties may share responsibility after a Florida rental car accident. Some of the most common examples include:
The rental car driver may become liable if negligent driving caused the crash. These accidents frequently occur as a result of human error, like speeding or following another vehicle too closely. The bottom line is that a driver can’t avoid liability simply because the vehicle belongs to a rental company.
Another motorist may bear responsibility if he or she caused the collision. Florida rental car accidents often involve multiple vehicles, and investigators must determine which driver acted negligently.
Rental car companies are usually not automatically liable simply because they own the vehicle. Florida law generally protects rental companies from liability when a renter causes a crash, but there are situations where the company’s negligence could have led to a crash.
However, a rental company may still become liable in certain situations. For example, liability may arise if the company rented a vehicle with known mechanical defects or knowingly allowed an unsafe driver to rent the vehicle.
Some rental car accidents happen because of a defective vehicle. When defects are to blame for a car crash, it may be possible to pursue a claim for compensation against the manufacturer.
The primary insurance policy after a Florida rental car accident often depends on the language of the rental agreement. Determining which policy pays first is important if you plan on pursuing a claim.
A driver’s personal automobile insurance policy may extend coverage to a rental vehicle. In many cases, the renter’s own policy becomes primary coverage for liability and property damage claims.
Rental companies often offer supplemental insurance or collision damage waivers during the rental process. The rental agreement usually explains when this coverage applies and whether it acts as primary or secondary insurance.
Some credit cards provide rental car coverage when the renter pays for the vehicle using the card. These benefits often apply only to vehicle damage and may function as secondary coverage rather than primary insurance.
Florida follows a no-fault insurance system for most motor vehicle accidents. This system also affects many rental car crashes. Under the law, drivers usually must first seek compensation through their own Personal Injury Protection coverage regardless of who caused the collision. This is different from at-fault states, where you have the right to sue the responsible party for a car accident.
PIP coverage generally pays a portion of medical expenses and lost wages after an accident. If the injured person owns a vehicle insured in Florida, his or her own PIP coverage may apply even while driving a rental car.
If you have questions about liability following a rental car accident in Florida, it’s important for you to explore your legal options right away. Contact Rue & Ziffra as soon as possible to learn how we can help.
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