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Florida attracted a record 131.42 million tourists in 2019, 86.714 million in 2020, and over 26 million in the first quarter of 2021, according to Visit Florida. Most visitors drive rental cars. The chances of being in an accident with a rental car driver are far higher than in many other states.

"Whether you are driving a rental car or are in an accident with someone else who is driving a rental car, it is important to know your rights and what you need to do according to Florida law,” said Fort Myers Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Immediately after an accident involving a rental car, those involved should check on everyone’s condition and call 9-1-1 for assistance, even if you or they do not seem to be injured.  Then exchange information with the other drivers. This includes name, contact information, driver’s license number, insurance information, etc. Also, get the names and contact information of any witnesses and take pictures of the accident scene using your cell phone.

If you are a Florida driver, then you will be covered by at least $10,000 worth of Personal Injury Protection (PIP) insurance. This insurance pays 80 percent of your medical bills regardless of fault.

Who may be liable for the difference between PIP coverage and your actual medical bills? Is it the rental car company or the driver of the rental car? It may be both.

Generally, Florida rental car companies cannot be held liable for injuries caused by someone driving their vehicles. There are exceptions. For example, if the rental car company was negligent in maintaining and repairing its vehicles, and it is proven that the vehicle’s condition contributed to the accident, such as bad brakes, bad tires, or other issues, the rental car company may be liable.

In Florida, it is illegal for rental car companies to rent vehicles to someone who does not have insurance. Some rental car companies suggest customers buy additional accident coverage insurance.

Florida is a comparative negligence state. Florida Statute 768.81 covers comparative fault and says:

 In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and non-economic damages for an injury attributable to the claimant’s contributory fault but does not bar recovery.

Other factors can complicate the situation. These include who was driving the rental car at the time of the accident, and what type of vehicle was the driver driving. Certain types of vehicles, such as U-hauls and some other types of trucks and vans may not be part of a person’s auto insurance policy. Also, if the rental car driver was driving for business, then the driver’s insurance may not cover the accident.

“If you or a loved one is injured in a rental car accident, we suggest you contact Spivey Law Firm, Personal Injury Attorneys, P.A. immediately after seeking medical attention. Rental car accidents are complicated and require the assistance of our experienced legal staff. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for you, and we are available 24/7 to assist you,” said Fort Myers Accident Attorney Randall Spivey.

Fort Myers Accident Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.