Your hair’s blowing in the wind, the sun is shining – you’re zooming along one of Florida’s scenic highways in a rental car, maybe on your way to the beach or to a popular new restaurant. Your vacation is moving along like a dream! Until…
Out of nowhere, another car swerves into your lane, and before you know it, you’re in an accident. No one wants to find themselves in this situation, especially while using a rental car.
Accidents are stressful, but in a rental vehicle, the situation can feel even more overwhelming. Questions about insurance, liability, and next steps pile up quickly. But don’t worry! Zweben Law Group is here to guide you through dealing with rental car accidents in Florida.
Immediate Actions at the Scene
When you’re in an accident, especially in a rental car, it’s crucial to stay calm and follow the right steps to protect yourself legally and medically.
Prioritize Safety
First things first: make sure everyone is okay. Call 911 right away. Even if you feel fine at the moment, it’s a good idea to get checked out by a medical professional. Some injuries, like whiplash, may not be obvious until hours or days later.
Move to Safety (If Possible)
If you’re able to, try to move your car to the side of the road to avoid any further collisions. But if it’s too dangerous to move or might mess with any evidence, it’s better to leave it where it is and wait for the authorities.
Gather Information
Now comes the part where you’ll need to collect some important details:
● Exchange information with everyone involved—this includes names, phone numbers, driver’s license info, and insurance details.
● Take photos and videos of everything—your car, the other car, any road signs, skid marks, and the overall scene. Try to capture as much detail as possible because it could help later when you’re dealing with insurance or legal matters.
● Collect witness contact info and, if they’re willing, ask them to wait for the police to arrive.
Report the Accident to Law Enforcement
In Florida, if the accident results in injury, death, or over $500 in property damage, you are required to file a police report. This official record can be really helpful when you’re dealing with insurance companies later on, so be sure to get a copy.
Post-Accident Steps
Once the immediate chaos of the accident is over, you’ll need to take a few more steps to cover all your bases.
Contact the Rental Car Company
It’s your responsibility to inform the rental car company about the accident, no matter who was at fault. Check your rental agreement and follow any specific reporting instructions. The last thing you want is to accidentally violate your agreement and end up with extra fees.
Notify Your Insurance Company
You should also contact your personal auto insurance provider to let them know about the accident. Even if the rental company’s insurance is supposed to cover everything, it’s best to report it to your insurer just to be safe. This can also help speed up the claims process.
Understanding Your Insurance Coverage
Now, let’s talk about the different types of coverage that might come into play when you’re in an accident with a rental car.
Personal Auto Insurance
Most personal auto insurance policies cover rental cars, but how much they’ll pay depends on your specific policy. It’s a good idea to check your coverage before you even rent the car so you know what to expect.
Rental Car Insurance
When you rent a car, the rental company will likely offer you additional insurance options like a Collision Damage Waiver (CDW) or extra liability coverage. These can be helpful, but they often come with limitations, so it’s important to read the fine print.
Credit Card Insurance
If you used a credit card to rent the vehicle, there’s a chance your card provides some insurance coverage, too. Check with your credit card company to find out what’s included and how to file a claim if necessary.
Florida’s No-Fault Insurance System
Florida operates under a no-fault insurance system, which means if you live in Florida, your own insurance will cover some of your medical expenses and lost wages, regardless of who caused the accident.
● Personal Injury Protection (PIP): This covers 80% of your medical bills up to $10,000. It’s mandatory in Florida, so if you’re driving in a rental car, this coverage should apply to you.
When Should You Contact a Florida Car Accident Attorney?
Some accidents require the help of a legal professional, especially if things start getting complicated with injuries, insurance, or liability disputes.
Serious Injuries
If your injuries are severe, you’ll want to talk to a lawyer. They can help you get the compensation you need for medical bills, rehab, lost wages, and pain and suffering.
Liability Disputes
Sometimes it’s not clear who’s at fault in an accident, and insurance companies might try to avoid paying you. That’s when having an attorney on your side can make all the difference. They can investigate the accident, gather evidence, and help determine who is really at fault.
Insurance Issues
Dealing with insurance companies can be tricky, especially if they deny your claim or dispute how much coverage you have. A lawyer can help make sure you’re treated fairly and that you receive the compensation you deserve.
Important Considerations
Before you go, here are a couple of legal factors that are important to keep in mind if you’ve been in a rental car accident in Florida.
Statute of Limitations
You generally have two years from the date of the accident to file a personal injury lawsuit in Florida. If you miss this deadline, you may lose the right to seek compensation.
The Graves Amendment
The Graves Amendment protects rental car companies from being held liable for accidents caused by renters, but there are exceptions. For example, if the company failed to properly maintain the car, they could be responsible.
Comparative Fault
Florida follows a comparative fault rule, which means that if you’re partially at fault for the accident, your compensation may be reduced based on your percentage of fault.
Example: If you’re injured in a car accident and your damages total $100,000, but you’re found to be 30% at fault, you can only recover $70,000 (which is $100,000 minus 30%).
Get Legal Help After Your Rental Car Accident
If you’ve been injured in a rental car accident in Florida, the Zweben Law Group is here to help. Our team will fight for your rights and work to get you the compensation you deserve. Contact us today at 772-223-5454 for a free consultation. We’re ready to assist you every step of the way.