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Another car comes out of nowhere and hits you. You pull to the side of the road, give yourself a once over for injures and then get out to inspect the damage. As you take in your surroundings and feel your aches and pains, you notice the other car has a rental company license plate frame. It turns out you have been hit by an out-of-state driver in a rental vehicle.

You immediately wonder: Whose insurance is going to cover this? You are right to ask because the answer is: It depends. If you were in this type of situation and suffered property damage or medical injuries, contact a Fort Myers personal injury attorney at the Spivey Law Firm immediately to learn the best way to move forward.

Does the Driver Have Insurance?

You will want to see if the driver has insurance and whether it covers the accident first. Whether or not the driver’s auto insurance applies depends on:

• The type of auto insurance policy,
• Whether the policy follows the vehicle or the driver in an eligible vehicle, and
• Whether the rental car was an eligible or excluded vehicle under the policy.

The Claims Journal notes that while most insurance policies such as collision or comprehensive follow vehicles, liability insurance follows drivers to eligible vehicles. If the driver has an auto insurance policy for a personal vehicle, it may cover your accident if the policy follows the driver and if the rental car was an eligible vehicle covered by the policy.

Nevertheless, even if the driver does not have insurance, you may still be entitled to uninsured motorist coverage under your own auto insurance policy.

Rental Company Insurance

In Florida, all vehicle rental companies must provide a minimum amount of liability coverage required for all drivers. Renters should either have their own auto policy that applies to a rental car or should pay for the minimum amount or more through the rental company.

Many rental companies have set procedures in place for individuals to make insurance claims. It is best to contact a personal injury attorney like Randall Spivey during this process to have help with the paperwork and to understand your rights in the situation.

Call a Personal Injury Attorney for Help

Rental car accidents often lead to personal injury lawsuits because:

• The driver did not have personal auto insurance.
• The driver’s personal insurance did not cover the rental car accident.
• The driver did not purchase insurance through the rental company.

While every driver on the road should have insurance, many rental companies do not check if drivers have a valid policy when they do not purchase insurance with the rental vehicle. A number of renters head out onto the roads uninsured.

If there is no insurance coverage available, you should seek legal advice from an experienced Fort Myers personal injury attorney. You cannot sue the rental company for the driver’s negligence. Your only way to recover damages is to take the driver to court.

If you were hurt in an accident with a rental car, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. right away to learn how to navigate the tricky insurance situation.