Miami Rental Car Accident Lawyer

Miami’s bustling tourism industry means luxury rental cars are a common sight on the roads, but accidents involving rental vehicles add another layer of complexity to an already stressful situation. Whether you are driving a rental car or are involved in an accident with someone who is, understanding the legal implications of these accidents is important.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we’ve helped many clients navigate car accident claims involving rental vehicles. This page provides an overview of what you need to know about Miami car accidents involving rental cars, including insurance requirements, liability issues, and how to protect your rights.

Who Is Liable in a Miami Car Accident Involving a Rental Car?

Determining liability is the first step in any car accident claim, and accidents involving rental cars are no exception. In Florida, liability in car accidents generally depends on who is at fault, but rental car accidents introduce additional parties, such as the rental car company and potentially third-party insurers.

Here’s a breakdown of potential liable parties in rental car accidents:

• The Driver: The person driving the rental car will typically be liable if they caused the accident through negligence (e.g., speeding, distracted driving). Florida operates under a no-fault insurance system, which means that each driver’s Personal Injury Protection (PIP) coverage will initially pay for their own medical expenses and lost wages. However, you can pursue a claim for bodily injury coverage through the at-fault driver’s insurance policy.
• The Rental Car Company: In most cases, rental car companies are not liable for accidents caused by their customers. 49 U.S.C. § 30106, also known as the Graves Amendment, provides protection to rental car companies from vicarious liability (being held liable for the actions of their renters), as long as the company is not negligent in maintaining the vehicle. However, if the accident was caused by a defect in the rental car, such as faulty brakes or tires, the rental company may be held liable for failing to properly maintain the vehicle.
• Third-Party Drivers: If you were involved in a car accident with another driver while operating a rental car, the other driver may be held liable if they were at fault for the crash. In this case, you would file a claim against their insurance to recover damages.

Insurance Coverage in Miami Rental Car Accidents

Insurance coverage plays a major role in determining how compensation is handled after a car accident involving a rental car. Florida law requires all drivers, including those operating rental vehicles, to have a minimum level of insurance coverage, including:

• Personal Injury Protection (PIP): Florida drivers must carry PIP insurance, which provides up to $10,000 in coverage for medical expenses, regardless of who was at fault in the accident.
• Property Damage Liability (PD): This insurance covers damage you cause to another person’s property, including their vehicle, in an accident. Florida requires drivers to carry at least $10,000 in PDL coverage.

In addition to these mandatory coverages, rental car companies offer several optional insurance products:

• Collision Damage Waiver (CDW): This is not insurance, but it acts as a waiver that releases the renter from liability for damage to the rental vehicle in the event of an accident. It typically does not cover damage to other vehicles or property, nor does it cover medical expenses.
• Supplemental Liability Protection (SLP): This optional coverage provides additional liability protection beyond the renter’s own auto insurance, which can be valuable if the accident results in significant property damage or injury claims.
• Personal Accident Insurance (PAI): This covers medical expenses for the driver and passengers of the rental vehicle. It can supplement or substitute for the driver’s PIP coverage.

What to Do if You Didn’t Get Extra Coverage on Your Car Rental

If you’ve been involved in a car accident while driving a rental vehicle and did not purchase extra coverage like a Collision Damage Waiver (CDW) or Supplemental Liability Protection (SLP), don’t panic—there are still options available to help cover the damages. Here’s what you need to know:

Check Your Personal Auto Insurance Policy

Your personal auto insurance policy may extend to cover rental cars, depending on the terms of your policy. Many standard auto insurance policies include coverage for rental vehicles, particularly for liability and property damage. If you have comprehensive or collision coverage on your personal vehicle, it’s likely that your insurance will cover damages to the rental car as well.

It’s important to contact your insurance company immediately after the accident to determine what coverage applies and to initiate your claim.

Credit Card Rental Car Coverage

Some credit card companies offer rental car insurance as a cardholder benefit. This coverage often includes collision damage, which can help cover the cost of repairs to the rental car. However, this coverage usually only applies if you declined the rental car company’s collision insurance and used the credit card to pay for the rental. Be sure to check with your credit card issuer for specific details about the type of coverage provided and any limitations.

Rely on Florida’s No-Fault Insurance System

Florida’s no-fault insurance system provides Personal Injury Protection (PIP) coverage, which applies to all drivers in the state, regardless of fault. If you are injured in an accident while driving a rental car, your PIP coverage will help pay for your medical expenses, lost wages, and certain other costs, up to $10,000, regardless of whether you purchased additional coverage for the rental car.

Keep in mind, PIP only covers personal injuries, not damage to the rental car or other vehicles involved in the accident.

Pay Out-of-Pocket or Negotiate with the Rental Company

If neither your personal auto insurance nor credit card coverage applies, and you didn’t purchase any additional rental car insurance, you may be responsible for paying out-of-pocket for any damage to the rental car. Rental car companies often charge high fees for repairs, so it’s important to review the rental agreement carefully.

In some cases, you may be able to negotiate a payment plan with the rental car company or even dispute excessive charges if you feel they are unreasonable. If the accident was caused by another driver, you may also be able to recover these costs from the at-fault party through their liability insurance.

Steps to Take After a Rental Car Accident in Miami

If you are involved in a car accident while driving a rental car, it’s important to follow certain steps to protect yourself legally and financially:

1. Ensure Safety and Seek Medical Attention: Check for injuries and move to a safe location, if possible. Call 911 to report the accident and request medical assistance if anyone is injured.
2. Contact Law Enforcement: Florida law requires you to report any car accident that results in injury, death, or significant property damage. The police will document the accident and create an official report, which is crucial for your insurance claim.
3. Exchange Information: Collect the contact and insurance information from all parties involved in the accident, including the other driver, any passengers, and witnesses. Be sure to also take note of the make, model, and license plate number of the vehicles involved.
4. Document the Scene: Take photos and videos of the accident scene, including the damage to both vehicles, road conditions, and any visible injuries. This documentation can be invaluable in supporting your claim.
5. Notify the Rental Car Company: Contact the rental car company as soon as possible to inform them of the accident. Follow their procedures for reporting accidents and providing the necessary information.
6. Consult an Attorney: Car accidents involving rental cars can be legally complex, especially when it comes to determining liability and dealing with insurance companies. Consulting an experienced Miami car accident attorney can help ensure your rights are protected and you receive the compensation you deserve. Call us at 305-638-4143 for a free consultation in English or Spanish. 

How Our Miami Car Accident Lawyers Can Help

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the challenges that arise from car accidents involving rental vehicles. Whether you were driving a rental car or were hit by someone in one, our experienced attorneys can guide you through the legal process, help you navigate insurance claims, and fight for the compensation you need to recover from your injuries and losses.

We know that rental car accidents can bring added confusion due to the involvement of rental companies and their insurance policies. Our team is well-versed in the nuances of Florida’s personal injury and liability laws and will work diligently to investigate your case, identify all liable parties, and ensure that you receive full and fair compensation.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Miami Beach, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

Call Flanagan & Bodenheimer Injury and Wrongful Death Law Firm today at 305-638-4143 for a free consultation and let us help you navigate the complexities of your rental car accident claim.

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