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Tampa Rental Car Accident Lawyer

Our Florida car accident attorneys explain how the compensation process works

Millions of people visit Florida every year on vacation. In fact, Florida is the number one tourist destination in the country, with more than 140 million visitors each year on average to Tampa and other popular places throughout the state. And in many cases, many of these visitors rent cars from major rental car companies such as Enterprise, Hertz, Avis and Budget.

But what happens if there’s a car accident involving a rental car? How does compensation work for a rental car accident? Who’s responsible for paying for the accident? Your insurance company? Or the rental car’s insurance company? And what happens if your rental car accident claim is denied? Can you sue Enterprise or another rental car company?

Our Tampa rental car accident attorneys at Armando Personal Injury Law can guide you through the legal process. Our firm thoroughly understands the legal system because we have been helping rental car injury victims get the money they deserve for years. To learn more about your legal options after a rental car accident, contact us and schedule a free case evaluation.

Rental Car Accidents FAQ

How common are rental car accidents?

The short answer? Very common. Every year, thousands of rental car drivers are involved in collisions with other vehicles throughout the country. One estimate by industry experts is that a rental car accident happens every 15 seconds throughout the day. That works out to more than 210,000 rental car accidents nationwide every year.

This is why it’s critical that you fully understand your legal rights if you’re involved in a car accident with a rental car, whether you’re driving the vehicle or you’re hit by a rental car in Florida. Otherwise, you might not get the financial compensation you deserve for your accident-related expenses.

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What are common types of rental car accidents?

Rental car accidents often involve various types of collisions, especially if drivers are unfamiliar with the area or dealing with aggressive drivers in other vehicles. Some of the most frequent types of rental car accidents that involve another vehicle in Florida include:

  • Rear-end collisions: These accidents occur if either driver is momentarily distracted or misjudges the distance between vehicles, especially in stop-and-go traffic or unfamiliar areas.
  • Intersection accidents: Intersections pose a high risk for all drivers, especially in busy congested areas like downtown Tampa or near popular tourist attractions like Busch Gardens Tampa Bay. Rental car drivers navigating new locations may accidentally misjudge traffic signals or be hit by another driver in an intersection.
  • Side-impact collisions (T-bone): These collisions commonly happen at intersections if either driver fails to yield or make a complete stop. When both drivers are in a rush or confused by local traffic patterns, the risk of a T-bone accident increases.
  • Highway merge and lane-change collisions: Busy highways in Tampa and throughout Florida such as Interstate 4 can be dangerous and chaotic. Drivers unfamiliar with local traffic flow may misjudge safe gaps or speed, leading to collisions with other vehicles.

These are just a few common types of Florida rental car accidents. Whatever type of collision you’re dealing with Tampa or another part of Florida, make sure you fully understand your legal rights. Make sure you talk to an attorney at our law firm.

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Why do rental car accidents happen in Florida?

Rental car accidents in Florida happen for various reasons, especially given the state’s unique driving conditions and high number of visitors. Some of the most common reasons rental car accidents occur include:

  • Unfamiliarity with local roads: Many rental car drivers in Florida are tourists who aren’t used to the state’s roads. Busy highways like I-4 and crowded areas like downtown Tampa can be overwhelming for those unfamiliar with local traffic patterns, leading to accidents.
  • Heavy traffic and congestion: Florida’s top tourist destinations, such as Tampa, Orlando, and Miami, see significant traffic. With so many cars on the road, rental car drivers may struggle to adapt to the high traffic volumes, which increases the risk of collisions.
  • Aggressive local drivers: Florida drivers can sometimes be impatient, particularly in busy areas or during peak travel seasons. Rental car drivers might be more cautious or slower while navigating, which can lead to conflicts or accidents with aggressive local drivers.
  • Distractions from GPS or phones: Rental car drivers often rely on GPS to find their way around Florida’s cities and attractions. Glancing at a phone or GPS for directions, even momentarily, can lead to serious accidents, especially in unfamiliar areas.
  • Speeding: With many drivers in a hurry to reach destinations, speeding becomes a common issue. Rental car drivers unfamiliar with speed limits or sudden changes in speed zones may find themselves at risk for accidents.
  • Drunk driving: Florida’s nightlife and vacation culture mean that alcohol consumption is common. Rental car drivers or other road users under the influence may contribute to accidents, especially late at night or on weekends.
  • Drowsy driving: Tourists often drive long distances or late at night, leading to fatigue. Drowsy drivers may struggle to maintain focus on the road, increasing the likelihood of serious accidents.

These factors contribute to the high rate of rental car accidents in Florida. If you’re in a rental car accident, understanding your legal rights is crucial. Speaking with an experienced Tampa rental car accident lawyer can help protect your rights and maximize your compensation.

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How much is my Florida rental car accident worth?

This is one of the most common questions we hear at our Tampa law firm. However, there's no one-size-fits-all answer to this question. Some accidents might be worth a few thousand dollars, while others might be worth millions. The difference can depend on many different factors, including:

  • Severity of your rental car accident injuries: The more serious the injuries, the higher the potential compensation. This includes the immediate impact of the injury as well as any long-term effects on your health.
  • How much time off from work you need to recover: Lost income can add up quickly if you’re unable to work for weeks or months. Compensation often includes lost wages, especially if the injury impacts your ability to earn a living.
  • Whether you need follow-up medical care: Some injuries require ongoing treatment, such as physical therapy, rehabilitation, or additional surgeries, which can significantly increase the overall cost of the accident.
  • If you sustained a permanent disability in your rental car accident: Life-altering injuries can result in higher compensation due to the lasting impact on your quality of life and earning potential.

All of these factors and many more can influence how much money you could receive for your rental car accident. This is why it's important to talk with a Florida attorney who thoroughly understands the rules and regulations governing rental car accidents in Florida. Otherwise, you could end up having to pay for your rental car accident expenses out of your own pocket.

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What is the Graves Amendment and how does it impact rental car accidents?

The Graves Amendment is a federal law that was created to protect rental car companies from being held legally responsible (liable) for accidents caused by someone who rented one of their vehicles. Passed into law in 2005, the Graves Amendment specifically applies to “vicarious liability,” a legal term that means that a company can be held legally responsible for the actions of its employees or other individuals, which in this case would likely be the person renting a car.

So in general, a rental car company like Enterprise or Budget cannot be held legally responsible if someone rented a vehicle from their company and caused a car accident. However, there may be situations where the opposite is true and the company can be held vicariously liable for an accident caused by someone who rented a car.

For example, if the rental car company failed to properly maintain the vehicle (defective brakes, bald tires) and that was the reason why the accident took place, someone injured in the collision may be able to file a lawsuit against the rental car company seeking damages, the legal term for financial compensation.

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Who pays for rental car accidents in Florida?

Determining who pays for a rental car accident in Florida often depends on several factors, including who caused the accident and the types of insurance coverage available. Florida’s no-fault insurance law can impact compensation, but additional policies may also apply. Key payment sources often include:

  • Personal Injury Protection (PIP): Florida’s no-fault car insurance system requires drivers to use their own PIP insurance to cover medical expenses, regardless of fault, in most cases.
  • Rental car insurance: If you purchased insurance through the rental car company, this may help cover damages (financial losses) depending on the type of car rental insurance policy you obtained when you rented the vehicle.
  • At-fault driver’s insurance: If another driver caused your accident, their liability insurance may cover damages beyond your PIP coverage. However, obtaining such financial compensation can often be difficult.

Navigating these insurance options can be complicated. This is why it’s important to meet with a lawyer who understands how Florida’s legal system works, especially as it applies to rental car accidents.

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Who pays for an accident caused by a rental car driver?

When a rental car driver causes an accident, determining liability (who is legally responsible) and insurance coverage is critical for obtaining compensation for your accident. Florida’s insurance laws and rental car policies often play a role. Possible payment sources can include:

  • The rental car driver’s personal insurance: If the driver has their own car insurance policy, it may provide coverage for financial losses sustained by injury victims.
  • The rental car company insurance: If the driver purchased additional insurance through the rental car company, this may cover some or all of the accident expenses.
  • Credit card coverage: Some credit cards offer rental car insurance as a benefit, which can help cover costs if the rental car driver was at fault.

Each rental car accident is unique. This is why it’s important to understand all the available coverage options. An experienced lawyer can help identify the best path to compensation in cases involving a rental car driver’s fault, then help you pursue the maximum financial compensation you deserve.

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Who pays for rental car accidents caused by another driver?

When another driver causes a rental car accident, determining liability is critical. Florida’s no-fault insurance system affects how compensation works in these situations. However, there can often be unexpected complications, especially if the at-fault driver denies responsibility. Key payment sources can include:

  • The at-fault driver’s insurance: Although Florida is a no-fault state, you may seek compensation from the other driver’s insurance if injuries exceed Personal Injury Protection (PIP) limits.
  • Rental car insurance: Additional insurance purchased from the rental company can cover property damage or other expenses caused by the at-fault driver.
  • Uninsured/underinsured Coverage: If the at-fault driver lacks sufficient insurance, your policy’s uninsured/underinsured motorist coverage, if applicable, may help cover the costs.

Navigating these sources of compensation can be complex. A Florida rental car accident lawyer can help identify all coverage options and work with you to maximize how much money you receive for your accident.

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Does it matter who was at fault in a Florida rental car accident?

Yes. Even though Florida has a no-fault car insurance system, fault can influence the compensation you receive after a rental car accident, especially in cases involving significant injuries. Here’s how fault could affect payments:

  • No-fault PIP coverage: All drivers in Florida use their PIP (personal injury protection) coverage first, regardless of fault, for medical expenses and lost wages up to policy limits.
  • Fault-based claims: If injuries are severe, you may be able to pursue a claim against the at-fault driver for additional compensation beyond PIP insurance coverage.
  • Rental car insurance policies: Fault may also affect how rental car insurance policies apply in the accident, especially for liability coverage.

Knowing how fault impacts your claim can make a big difference. If investigators or insurance companies claim you are at fault and caused the collision, you could have a hard time getting all the money you deserve for your accident. Talking with a lawyer can help clarify the role of fault and potential avenues for seeking financial compensation beyond PIP insurance coverage.

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Can I be compensated for my Florida rental car accident if I was partially at fault?

Yes, you may still receive compensation for a Florida rental car accident even if you were partially at fault. Florida follows a comparative negligence rule, which allows partial recovery based on fault. Here’s how it works:

  • Comparative negligence rule: In Florida, your compensation is reduced by your percentage of fault. For example, if your accident expenses add up to $100,000 and you’re found to be 20% at fault, your recovery would be reduced by that amount to $80,000.
  • Insurance policies: Both your PIP insurance and other available coverage may still apply, covering costs even if you share responsibility for causing a rental car accident.
  • Fault allocation: Determining fault percentages can be complex and controversial. This is why it’s important to have a lawyer on your side who deal with insurance companies who might be trying to blame you for causing a collision caused by another driver.

Even if you were partially at fault for causing the accident, you should still be compensated for your rental car accident. Don’t let insurance companies dictate what happens next. Make sure your voice is heard loud and clear. Get a Tampa rental car accident attorney who can speak up for you.

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What expenses can I be compensated for after a Florida rental car accident?

After a rental car accident in Florida, you may be eligible for various types of compensation to cover all your accident-related expenses. Such expenses typically include:

  • Medical expenses: Costs for emergency care, hospitalization, surgery, rehabilitation, and other necessary treatments.
  • Lost wages: Compensation for income lost due to missed work while recovering from your injuries.
  • Property damage: Coverage for repairs to the rental vehicle or any other damaged property.
  • Pain and suffering: Compensation for physical and emotional distress resulting from the accident, available in cases of serious injury.

Knowing the types of compensation you qualify for can help when filing a car accident claim or lawsuit. A lawyer can guide you through the process to make sure no expenses are overlooked.

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Does my own car insurance policy cover rental car accidents?

The short answer? Sometimes. Your car insurance policy may provide some coverage to rental car accidents, but it depends on your specific insurance policy. Common coverage options include:

  • Liability insurance: If your policy includes liability coverage, it may protect you if you’re at fault in a rental car accident.
  • Collision and comprehensive coverage: If you have this coverage, it may cover damage to the rental car, but it’s important to check with your insurance provider to clarify the terms of your policy.
  • Uninsured motorist coverage: This type of insurance can cover expenses if you’re hit by an uninsured driver while in a rental car.

Review your policy before renting a car to understand what’s covered. If you’ve already rented a car and you’re dealing with a collision involving a rental car, talk to a lawyer to clarify your coverage options.

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What are my options after a not-at-fault rental car accident?

If you’re not at fault in a rental car accident, the good news is you often have several options for obtaining compensation for your financial losses. Options often include:

  • Filing a claim with the at-fault driver’s insurance: If your injuries exceed PIP limits, you can file a claim against the at-fault driver’s liability insurance.
  • Using rental car insurance: If you purchased additional insurance coverage when renting a car, you can use it to cover costs related to the accident.
  • Seeking legal advice: A lawyer can help you explore all options for compensation, including any underinsured motorist coverage you may have.

Knowing your rights can make a big difference in securing compensation for a Florida rental car accident caused by another driver.

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What if I'm in an accident and don’t have rental car insurance?

Getting into a rental car accident without rental car insurance in Florida can be confusing and overwhelming. However, you may have several options for paying for accident-related expenses if you don't have rental car insurance. Some of the possible options may include:

  • Personal insurance coverage: Your personal auto insurance may extend to rental cars. Liability, collision, or comprehensive coverage may help pay for damages if these are included in your policy.
  • At-fault driver’s insurance: In Florida, if another driver caused the accident, you may be able to file a claim with their insurance to cover damages.
  • Credit card coverage: Some credit cards offer rental car protection if used to rent the vehicle. Check with your card provider to see if this applies.

Don't simply assume you don't have any way to pay for your accident if you don't have rental car insurance. Explore all your available coverage options. Talk to an experienced Florida rental car accident lawyer who can review the details of your case and explain possible funding options for your accident expenses.

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Does AAA membership cover rental car accidents?

If you have AAA membership and get into a rental car accident in Florida, it’s natural to wonder if AAA covers your expenses. While AAA primarily provides roadside assistance, some membership levels may offer limited rental car insurance. Coverage options include:

  • Basic AAA membership: This level typically does not cover rental car accidents, focusing instead on roadside assistance.
  • Premier membership: Some enhanced AAA memberships may include limited coverage for rental car accidents as part of additional insurance benefits.
  • Supplemental plans: AAA members can purchase optional insurance, such as rental car damage coverage, for extra protection during their rental period.

Don’t assume AAA automatically covers all accident-related costs. Check your specific membership benefits and consult with a lawyer to learn more about all available compensation options for your rental car accident.

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Do certain credit cards have rental car accident coverage?

Sometimes. If you used a credit card to rent a car, you might have insurance coverage through your credit card provider. Some credit cards offer rental car insurance as a perk, but the details can vary and actually obtaining compensation from a credit card company for a rental car accident can often be extremely difficult. Coverage considerations include:

  • Primary or secondary coverage: Some credit cards provide primary insurance, covering rental car damage without involving your personal insurance. Others offer secondary coverage that activates after other insurance is used.
  • Limitations and exclusions: Coverage limits and exclusions vary, so review your card’s policy to understand any restrictions, such as exclusions for certain types of vehicles or locations.
  • Activation requirements: Coverage typically applies only if you paid for the rental with the credit card that includes this benefit.

Don’t rely solely on credit card coverage without checking its specifics. And even if you believe that your credit card insurance coverage should pay for your accident, don’t be surprised if the credit card company refuses to pay you the money you deserve. This is why you need a Florida rental car accident lawyer who can help you assess possible available funding sources, including credit card companies.

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What are my options if my rental car accident claim is denied?

If your rental car accident claim is denied, you may still have several options for pursuing compensation. A denial doesn’t mean you have to pay for such costs out of your own pocket. Possible options often include:

  • Filing an appeal: Insurance companies often allow appeals for denied claims. Provide additional documentation or evidence to strengthen your case during the appeal.
  • Requesting a review: Sometimes, a claim denial is due to missing information or administrative errors. Ask the insurer for a review, as they may reconsider your case with more information.
  • Hiring a lawyer: If your claim is denied, a lawyer can help you challenge the decision and explore all possible legal options, including filing a rental car accident lawsuit.

Don’t give up if your initial claim is denied. Reach out to a skilled attorney who can guide you through the appeals process and protect your rights.

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Can I sue Enterprise, Avis, Hertz or Budget if my rental car accident claim is denied?

The short answer? Sometimes. However, it’s important to understand that taking legal action against Enterprise, Avis, Hertz, Budget or another major rental car company can often be very difficult. Remember, these are multinational companies that often have teams of attorneys who fight to protect their best interests.

If your rental car accident claim is denied, you might consider legal action against the rental car company. However, suing a rental company can be complex due to specific legal protections, like the Graves Amendment. Here’s what you should know:

  • Graves Amendment: Federal law limits liability for rental car companies in certain accident cases, which can impact your ability to sue.
  • Negligence claims: You may be able to sue if the company’s negligence directly contributed to the accident, such as failing to maintain the vehicle.
  • Third-party claims: Explore if other parties, such as insurance providers, might be liable, as these claims may offer alternative compensation sources.

Don’t assume you’re out of options if your claim is denied. Depending on the circumstances of your accident, you may have a strong legal case against Avis, Hertz, Budget or Enterprise. Talk with a knowledgeable lawyer to learn more about your rights and any potential claims against a rental car company.

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Who else can I file a lawsuit against after a rental car accident?

After a rental car accident in Florida, you may have multiple parties to consider when filing a lawsuit, especially if the accident involved another vehicle or multiple at-fault parties. Possible defendants could include:

  • The at-fault driver: If another driver caused the accident, you may file a car accident lawsuit against them directly for negligence.
  • The rental company: If the rental car company failed to maintain the vehicle or provided a faulty car, you might be able to hold them legally responsible for your accident.
  • Insurance companies: Sometimes, insurers may deny rightful accident claims, allowing you to pursue a bad faith claim if they act unfairly and to file a lawsuit against them.

Exploring all potential defendants can increase your chances of obtaining fair compensation. Consult a lawyer to identify all possible avenues for recovery.

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How do Florida rental car accident lawsuits work if I live in another state?

This is a very common scenario since many people who rent a car in Florida are from another state and on vacation in Florida. Fortunately, if you live out of state and are involved in a Florida rental car accident, you can still file a lawsuit in Florida. Here’s how it works:

  • Jurisdiction: Florida courts have jurisdiction over accidents occurring in the state, allowing non-residents to file lawsuits in Florida.
  • Representation: You’ll need a Florida-based lawyer to represent you since they are licensed to practice law in Florida. They also understand the state’s laws and procedures.
  • Remote options: Many aspects of the case can be handled remotely, minimizing your need to travel back and forth to Florida, which can be difficult if you live far away.

Navigating an out-of-state rental car accident lawsuit in Florida can be challenging. An experienced Florida lawyer can handle the legal complexities on your behalf and keep you informed throughout the process.

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Do I have to appear in court if my Florida rental car lawsuit goes to trial?

In many cases, the plaintiff (which in your case would likely be you, the injury victim filing the lawsuit) may not have to appear in court for every stage of a Florida rental car accident lawsuit filed against the defendant (the person or company named in the lawsuit as the at-fault party). Here’s what to consider in most cases:

  • Pre-trial proceedings: Most legal processes, such as discovery and negotiations, can happen without your physical presence.
  • Remote testimony: Some courts allow remote testimony, which can reduce the need for travel.
  • Final trial: If the case goes to trial, you may need to be present, though your lawyer may be able to represent your interests in specific situations.

Don’t simply assume you do or don’t have to appear in court if you’re filing a rental car lawsuit in Florida. Make sure you fully understand your legal rights. Talk to a lawyer to clarify your options and legal requirements. That way, you will be prepared for any possible court appearances related to your Florida rental car accident lawsuit.

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Why should I hire a Florida rental car accident lawyer?

Navigating a rental car accident claim in Florida can be challenging, especially if you’re unfamiliar with state-specific laws. Here’s why hiring a lawyer can make a difference:

  • In-depth knowledge: An experienced lawyer understands Florida’s rental car accident laws, including the Graves Amendment and other relevant federal and state statutes.
  • Insurance negotiation: Skilled lawyers know how to negotiate effectively with insurance companies to maximize your compensation.
  • Legal representation: A trial-tested lawyer can represent you in court if necessary, handling complex legal processes so you can focus on recovery.

Having a dedicated lawyer by your side can often make a big impact on the outcome of your legal case. That’s why many people dealing with a Tampa rental car accident choose Armando Personal Injury Law to handle their complex legal case. We know the law, know what to do and can get right to work finding solutions for your legal problems. Contact us to learn more. We get the job done right.

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