Florida Rental Car Accident Lawyer Near You

When you’re involved in a rental car accident, whether you’re driving the rental or hit by someone else driving one, the process can be complicated. Understanding your rights, responsibilities, and the steps to take after an accident is crucial. At Abrahamson & Uiterwyk, we have extensive experience handling rental car accident cases, and we are here to guide you through the process. Here’s everything you need to know about rental car accidents, from how to secure a rental after an accident to what to do if you’re involved in one.

If you’re involved in an accident and need a rental car, your first step should be to contact your insurance company. If you’re not at fault, your insurance company can arrange for a rental car. In some cases, the at-fault party’s insurance may cover the rental, but the process can take time. Insurance companies often delay liability decisions, which can leave you without a rental car for longer than you’d like.

If the at-fault party’s insurer is slow to make a decision, you can use your own rental coverage or pay out of pocket and seek reimbursement later. Rental coverage on your own policy is typically inexpensive and can save you from these delays. If the at-fault driver’s insurance company refuses to cover the rental, your own insurance can step in to cover the costs while they sort out the liability.

It’s also important to note that if the other driver doesn’t have rental coverage as part of their policy, their insurance is still required to provide you with a rental car for the duration of your car’s repair. If the car is declared a total loss, most insurance policies will provide rental coverage for 3 to 5 days after the evaluation. So, if you’re wondering how long will insurance pay for a rental car after an accident, the answer depends on whether your vehicle is being repaired or declared a total loss.

If you’re hit by a rental car in an accident, the driver’s insurance is typically the first avenue to pursue for damages. However, rental car companies themselves are generally not liable for accidents caused by their renters due to the Graves Amendment, a federal law that limits the liability of rental car companies for accidents caused by their renters.

However, Florida law provides an exception through the Florida Dangerous Instrumentality Doctrine, which holds that the owner of a vehicle, such as a rental car company, can be held liable if the vehicle is used negligently. This doctrine makes the rental car company potentially responsible for the damages caused by a renter if the company was negligent in any way, such as renting to someone without a valid driver’s license or renting to an intoxicated driver.

In these cases, you may be able to hold the rental car company accountable, but only if you can demonstrate negligence beyond the actions of the driver. If the rental company was negligent in any way, you can pursue them for damages, in addition to the at-fault driver’s insurance coverage.

If you’re involved in a car accident in a rental car, your own car insurance should cover the damage, provided you have the right coverage. If the other driver is at fault, their insurance should pay for the rental car’s repairs. However, if the other driver’s insurer is slow to act, your own collision coverage can step in, or if you purchased the optional collision damage waiver (CDW) from the rental company, that may cover the damage as well.

If you don’t have collision coverage on your own policy and didn’t purchase a CDW, you could be responsible for paying out of pocket for the rental car’s damages. However, the at-fault party’s insurance will generally pay for repairs if they are determined to be at fault. This is why it’s crucial to understand the details of your insurance policy and rental agreements before renting a car.

If you don’t have rental coverage as part of your own auto insurance, it can be challenging to secure a rental car quickly after an accident, especially if the at-fault party’s insurer is slow to respond. Rental coverage is typically inexpensive and can make the process much smoother by allowing your own insurance company to step in immediately (see Florida rental car insurance requirements). If you have this coverage, you can avoid the delays that often arise when relying solely on the at-fault party’s insurance.

Delays Caused by Liability Investigations

Insurance companies often delay decisions when determining liability, which can slow down the process of getting a rental car or repairing your vehicle. In some cases, insurers may claim they haven’t yet contacted the at-fault party or witnesses, further extending the timeline. If you have evidence, such as photos or witness statements, that clearly demonstrate who is at fault, it can help expedite the decision. However, if the insurer continues to stall, using your own insurance policy can be an effective way to avoid further setbacks while waiting for reimbursement.

The Role of the Rental Car Company’s Negligence

While the Graves Amendment limits the rental car company’s liability for accidents caused by renters, there are exceptions. If the rental company is negligent, for example, by renting a car to someone who is intoxicated or does not have a valid driver’s license, they may be held liable for the accident. In such cases, the rental car company can be pursued for damages, in addition to the at-fault driver’s insurance.

If you’re involved in a rental car accident, regardless of whether you’re the driver or the victim, there are specific steps you should take immediately:

1. Call the Police: This creates an official report of the incident, which is essential when dealing with insurance claims and legal matters.
2. Exchange Information: Get the driver’s contact information, the rental car details, and the insurance information of both the driver and the rental company.
3. Document the Scene: Take photos of the accident, including the damage to all vehicles involved.
4. Notify the Rental Car Company: Regardless of whether you were driving or were hit by a rental car, you should notify the rental company about the accident. They will guide you on how to proceed with your claim.
5. Consult a Florida Rental Car Accident Lawyer: An experienced rental car accident lawyer near you can help you navigate the insurance process, especially when there are complications like delays or disputes regarding liability.

It’s also important to remember that if the rental car is involved in an accident, the insurance company will typically only cover reasonable expenses related to the accident, such as the duration of repairs. If the rental is declared a total loss, the insurance company will typically allow a rental for 3 to 5 days post-evaluation.

Rental car accidents can create complex challenges, from determining fault to securing rental car coverage. Whether you’re driving the rental car or you’ve been hit by a rental car, understanding your rights and knowing what steps to take is critical. At Abrahamson & Uiterwyk, our team of experienced rental car accident attorneys can assist you in managing these complexities and ensuring that you receive the compensation you deserve.

If you’re facing delays or disputes with rental car insurance, or if you’ve been injured in a rental car accident, don’t hesitate to contact us. We can help you understand your options and guide you through the process to ensure that your rights are protected.