Rental Cars, Wrecks, And Liability

When a rental car is involved in a Florida accident the question of liability can become complicated. Whether you’re visiting Miami on vacation, using a rental for temporary transportation, or driving a vehicle booked through a third-party app, there are steps you can take to protect yourself from undue loss. Talk to a Miami personal injury lawyer about how liability is determined and what to do if you declined insurance coverage.

Traditional Rentals and Apps Like Turo

When you rent a vehicle through a traditional rental company, you are typically offered optional insurance coverage. This often includes:

• Collision damage waiver. Covers damage to the rental vehicle.
• Liability coverage. Covers damage or injuries you cause to others.
• Personal accident insurance. Covers medical expenses for you and your passengers.

If you purchase this coverage, the rental company’s insurance generally steps in after an accident. But many drivers decline these optional protections, relying instead on their personal auto insurance or credit card benefits.

Should you decline coverage and be found at fault for an accident, your personal auto insurance usually becomes the primary coverage for damages. If you don’t have sufficient coverage, you could be personally responsible for any remaining costs. Some credit cards offer rental protection, but this usually covers damage to the rental vehicle, not liability for injuries or damage to others.

Additionally, peer-to-peer rental platforms like Turo and Getaround have changed the game. Unlike traditional rental companies, these platforms are essentially marketplaces connecting car owners with renters. Liability coverage through these apps can vary significantly.

Turo, for example, offers several levels of insurance coverage that the renter can select. If you opt for Turo’s protection plan, Turo’s insurance may cover damages and liability, depending on the level of coverage you choose. But if you decline Turo’s insurance and rely solely on your personal policy, you may encounter issues, especially if your insurance company doesn’t cover peer-to-peer rentals.

Liability becomes even more complex if the car owner’s personal insurance doesn’t cover commercial use, which is common. In such cases, figuring out which policy applies may involve multiple layers of negotiation and legal interpretation.

Determining Fault and Next Steps

Fault matters, regardless of whether you were driving a rental car, your own vehicle, or a borrowed car. Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) coverage will typically pay for your own initial medical expenses, but if the injuries are severe, liability for additional damages comes into play. A Miami personal injury lawyer can guide you through the recovery process.

Rental car companies and platforms like Turo generally try to limit their financial responsibility, making it crucial to work with an attorney who understands the complexities of rental agreements and insurance disputes. Liability after a rental car accident isn’t always straightforward, especially if optional insurance was declined.

Were you riding in a rented vehicle when you were hurt? Consulting with the experienced injury lawyers at Spencer Morgan Law can help you navigate the recovery process. Call 305-423-3800 to book a confidential consultation.