Florida’s highways are filled with rental cars – driven by tourists visiting Miami, business travelers, or residents needing a short-term vehicle. But when an accident happens in a rental vehicle, who pays? Whether you’re behind the wheel of a Hertz or Enterprise rental or using a peer-to-peer service like Turo, understanding liability and insurance responsibility is key.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami car accident lawyers are frequently asked about this very issue. Coping with rental car wrecks can be more complicated than accidents involving personal vehicles, and Florida’s unique insurance laws add another layer of complexity. In this post, we break down what you need to know if you’re involved in a rental car accident in Florida.
Florida’s No-Fault Insurance System and Rental Cars
Florida is a no-fault state, which means that after a car accident, each driver’s own insurance pays for their medical bills and certain out-of-pocket expenses, regardless of who caused the crash. This includes drivers in Miami and all across the state.
However, this system applies primarily to personal vehicles. If you’re driving a rental car, things get more complicated. The applicable insurance coverage may depend on several factors:
- Whether you purchased the rental company’s insurance
- Whether you have personal auto insurance
- Whether the rental was through a traditional company like Hertz or Enterprise, or a peer-to-peer service like Turo
- Who was at fault for the crash
Scenario 1: Traditional Rental Car (Hertz, Enterprise, etc.)
When you rent from a company like Hertz, Enterprise, or Avis, you’re typically offered supplemental insurance coverage at the time of rental. These may include:
- Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW): Covers damage to the rental car itself
- Liability Insurance Supplement (LIS): Covers injuries or damages you cause to others
If you declined these coverages, you may be relying solely on your personal auto insurance policy. Florida drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). These may extend to your rental vehicle, but limits can quickly be exhausted, especially in serious accidents.
If another driver caused the crash, you may be able to seek compensation from their insurer. This is where having a skilled car accident attorney in Miami becomes essential, especially if liability is disputed or multiple vehicles are involved.
Scenario 2: Peer-to-Peer Rental Services (Turo, Getaround)
Services like Turo and Getaround allow individuals to rent out their personal vehicles. Unlike traditional rental companies, these platforms usually offer different tiers of protection to renters and vehicle owners. However, liability and coverage limits vary significantly depending on:
- The level of coverage you selected through Turo
- Your own personal insurance policy (if it extends to peer-to-peer rentals)
- The vehicle owner’s insurance coverage
- Who is found to be at fault
For example, Turo offers up to $750,000 in liability insurance for its higher-tier protection plans. But choosing a lower-tier or declining coverage could leave you on the hook for major expenses.
Keep in mind: Florida law does not require peer-to-peer rental platforms to carry the same level of insurance coverage as traditional rental companies, making it crucial to understand your protection before getting behind the wheel.
Unlike regulated rental agencies, peer-to-peer hosts may vary widely in how they maintain or enforce vehicle safety and insurance standards. This inconsistency can lead to complications when filing claims or determining liability. Renters should always review the platform’s policy language and verify the vehicle owner’s insurance details before agreeing to any trip.
Who Pays for Damages in a Florida Rental Car Accident?
Let’s break down potential payment sources in a typical rental car wreck in Florida:
- Your PIP Coverage: Covers your own medical expenses, regardless of fault.
- Rental Company Insurance: If purchased, this may cover vehicle damage and liability.
- Your Personal Auto Policy: May extend to rentals, including liability and collision.
- Credit Card Coverage: Some credit cards offer rental car damage coverage if used to pay for the rental.
- At-Fault Driver’s Insurance: If another driver caused the accident, you may pursue a claim against their liability insurance.
In some cases, more than one of these coverage types may apply simultaneously, especially in multi-vehicle crashes. It’s important to understand how they overlap or conflict, as some policies contain clauses that make them secondary to others. Proper coordination of benefits can be the difference between full compensation and out-of-pocket losses.
What If You’re Injured in a Rental Car Wreck?
If you were hurt in a rental car accident – whether as a driver, passenger, pedestrian, or other party – your right to recover damages depends on various factors, including fault, severity of injuries, and the type of insurance involved. In serious injury cases, Florida law allows you to step outside the no-fault system and pursue a claim against the at-fault party.
Damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future medical treatment
Getting fair compensation can be challenging, especially if you’re dealing with multiple insurance carriers or out-of-state policies. A seasoned car accident attorney in Florida can investigate the crash, identify liable parties, and help you pursue the compensation you deserve.
5 Tips If You’re Involved in a Rental Car Accident in Florida
- Report the accident immediately to local law enforcement, the rental company, and your own insurance carrier.
- Document the scene, including photos, witness statements, and vehicle information.
- Seek medical attention as soon as possible, even if you feel fine—injuries can appear later.
- Avoid admitting fault, especially before a thorough investigation.
- Consult with a qualified Miami car accident lawyer to understand your rights and legal options.
Why Choose Dolan Dobrinsky Rosenblum Bluestein?
At Dolan Dobrinsky Rosenblum Bluestein, our car accident attorneys have vast experience handling complex cases, including those involving rental vehicles. We understand how to navigate Florida’s insurance laws and fight for fair compensation on your behalf. If you’ve been involved in a rental car crash in Miami or elsewhere in Florida, don’t leave your recovery to chance. Call our office today at 305-371-2692 or visit our contact page to schedule a free consultation.