Rental Car Accident Attorneys In Florida
Millions of tourists visit Florida every year. Most of these tourists rent cars during their stay in Florida. As the traffic in Florida can be very heavy, most tourists cannot adjust to it easily. Hence, the number of accidents that involve rented cars in Florida is very high. At Joya Injury Law, we have handled countless rental car accidents, and we know how devastating these can be in terms of the injuries they cause and the damage they do.
The traffic and weather of Florida often cause tourists who are using rental cars to crash, even if the tourists are good drivers. If you were the driver, renter, or passenger and got involved in a rental car accident, then you need to contact Joya Injury Law. Our lawyers will analyze your accident, protect your rights, and work towards achieving the highest compensation possible for you.
We offer a free first consultation, so call us now at (786) 405-3244. We will take care of all the legal matters for you, so that you can focus on your recovery.
Joya Injury Law Is A Top Law Firm In Florida For All Types Of Rental Car Accident Cases
Have you recently been in a Florida rental car accident case? At our rental car accident law firm in Florida, we do only one thing and we do it right: get your legal rights for rental car accident cases. We are the voice for the victims of rental car accident and fight for their rights. We want to offer you quality legal representation that you will find nowhere else in Florida. Don’t want to come to our office in Florida? Worry no more, you can contact us via phone by dialing (786) 405-3244 and get a free case consultation from our rental car accident attorneys.
When you team up with our Florida rental car accident lawyers, you’re leveraging the expertise, resources, and reputation of a premier rental car accident law firm that’s won millions for its Florida clients.
What To Do After A Rental Car Accident In Florida
A rental car accident in Florida can be very dangerous and overwhelming. You need to focus on the following steps after the accident to ensure your safety and overall well-being:
Call 911
You need to call 911 right away, as Florida law requires you to contact the police in case there are any injuries. You need to talk with the dispatcher and let them know that you were in a rental car accident. They will make sure that medical support is provided as well. Tell the doctor about all the injuries that you sustained and get a thorough checkup, as many injuries are not evident on the surface. The police report will help your claim process later on.
Exchange and Gather Information
Gather the contact details of the other driver and any witnesses who were present at the site. You also need to save the rental agreement number and company details. While gathering information and talking to the police, avoid admitting fault by saying things like “I’m sorry”.
Document The Scene
You should take pictures of the accident site and the cars from multiple angles. Focus on taking pictures of the road condition, the traffic signs, and the surrounding areas as well. Take photos of your injuries as well, as such elements can prove to be critical evidence when filing a claim in Florida.
Inform The Rental Company
You should call the rental company and let them know about the accident. Listen to whatever instructions they give you. However, do not sign anything without consulting with an attorney first. They might send an adjuster, but you should not make any decision without the guidance of a lawyer.
Notify Your Insurance Company
Call your insurance company and notify them about the accident, even if you were driving a rental car. Your personal policy might cover the accident, even if it were a rental car. While talking to the insurance company, provide them with the basic details and facts without going into further details.
Contact A Florida Rental Car Accident Lawyer
You need to contact Joya Injury Law in Florida for an experienced rental car accident attorney. Our lawyers have experience in handling such cases. Our team will make sure that your legal rights are protected. The experienced lawyers at Joya Injury Law will analyze your case and make a strategy for getting the highest compensation possible for you. Call Joya Injury Law for a free first consultation to discuss your case.
Honest And Professional Legal Services For Rental Car Accident Cases That Are Just A Call Away
With Joya Injury Law, you don’t need to wait too long to get the compensation you rightfully deserve for a rental car accident in Florida. You need justice if you’ve been in a serious rental car accident case in Florida. Would you still wait for it even if your future is at stake? Of course not. With Joya Injury Law, you deserve better. Reach out to us online or give us a call at (786) 405-3244 for your rental car accident case in Florida. Request a complimentary case review & find out more about our Florida rental car accident attorneys.
If you need any kind of guidance regarding a rental car accident case in Florida or want a free consultation from our rental car accident attorneys, dial our number (786) 405-3244. We are always here for you 24/7.
Who Can Be Held Liable In A Florida Rental Car Accident?
Determining who is at fault in a rental car crash in Florida can be complicated. In many cases, fault lies with the person driving the rental vehicle, but other parties can also share responsibility. Liability may fall on:
The Rental Car Driver
If you were driving, your own auto insurance, or any damage waiver you bought, generally covers the accident you cause. For example, your liability insurance would pay for damage to others, and your collision insurance (if you have it) would cover the rental car repairs (minus your deductible). Even if you waived rental insurance at the counter, your personal policy may still apply. You can also be liable if you loan the car to someone else without permission.
Another Driver
If someone else collided with your rental car, their auto insurance should cover your injuries and property damage. In Florida, your PIP insurance (up to $10,000) would cover your own medical bills first, then you would seek the rest from the at-fault driver’s liability insurance. For instance, if your bills were $15,000 and you have only $10,000 PIP, we would pursue the extra $5,000 from the other driver’s policy (and potentially from your own uninsured motorist coverage if needed). A lawyer will make sure no source of insurance is overlooked.
The Rental Company Or Maintenance Provider
Federal law (the Graves Amendment) generally shields rental agencies from liability for accidents caused by drivers. However, rental companies must still maintain their vehicles and follow regulations. If a mechanical defect (like bad brakes or tires) contributed to the crash, the rental company (or a repair shop that serviced the vehicle) could be held liable. Similarly, if a rental agency knowingly rented a car with a serious defect or to an unlicensed driver, they might share fault. These scenarios are rare but possible.
Third Parties
In rare cases, others may share fault. For example, if the rental car had a defective part from the manufacturer, the manufacturer could be held responsible. Or if a traffic light malfunctioned, a claim against the city (with proper notice) might be possible.
Multiple Parties
Some collisions involve more than two vehicles, so fault can be divided among all negligent drivers. Florida’s comparative negligence system will then determine each person’s share of responsibility.
Simplifying The Law For Our Clients In Florida
For common people in Florida, coping with the complex legal system of rental car accident cases has never been easy. That’s the reason most people give up on their rights because they really aren’t into dealing with all that trouble. That’s where Joya Injury Law comes in. We know how sensitive and unique rental car accident cases are. We handle each client with extreme care and expertise in Florida. We have helped hundreds of clients get their compensation or legal rights for rental car accident cases in Florida. Isn’t that all you rightfully deserve? Joya Injury Law knows the legal landscape and has hands-on experience with rental car accident cases, which allows us to give you straight answers to your legal questions in Florida.
Insurance Coverage For Rental Car Accidents In Florida
Insurance coverage determines who pays after a rental car accident in Florida. In Florida, several policies could apply:
Your Personal Auto Insurance
Most auto policies extend liability and often collision/comprehensive coverage to rental cars. If you have a policy, it is usually primary for accidents involving a rental you are driving. Your policy would cover damage you cause to others and, if you have collision coverage, damage to the rental car itself (minus your deductible). Before relying on this, check that your insurer allows coverage out of state (if you were traveling) and that the policy explicitly includes rental vehicles. In many cases, your personal insurer will step in first.
Rental Company Insurance
By law, rental car companies in Florida must provide basic coverages with every rental. This includes at least $10,000 of Personal Injury Protection (PIP) per person (and $20,000 per accident) and $10,000 of Property Damage Liability (PDL). Many companies offer higher limits, such as $25,000 PDL. These are typically the minimum state-required policies. Unless you bought extra insurance at the rental counter, these coverages come into play after any personal insurance you have. Optional coverages include:
- Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW): Waives your financial responsibility for damage to the rental car (and sometimes theft) if you follow the rental terms. It essentially covers collision and theft damage for the rental. Without it, you would be on the hook for repairs or a replacement fee, potentially including a “loss of use” charge while the car is out of service.
- Supplemental Liability Insurance (SLI): Increases your liability limits beyond the state minimums. For example, SLI can bump your liability coverage up to $1 million, which can be crucial if you cause a major accident with serious injuries. Considering Florida’s low mandatory limits, SLI provides valuable protection for costs that might far exceed $10,000.
- Personal Accident Insurance (PAI): Covers medical payments and accidental death benefits for you and your passengers, regardless of fault. It may overlap with PIP but can cover things PIP won’t (like ambulance or dental costs).
- Personal Effects Coverage (PEC): Covers loss or damage to personal belongings inside the rental car, such as luggage or electronics.
At-Fault Driver’s Insurance
If another driver caused the accident, that person’s liability insurance is responsible for your damages beyond what PIP covers. Their bodily injury liability and property damage liability would apply. Florida requires drivers to have $10,000 PIP and $10,000 PDL at a minimum, but many carry higher liability limits. You would file a claim against the at-fault driver’s insurer for your medical bills (beyond PIP), lost wages, pain and suffering, and property damage (like vehicle repair). For example, if your bills exceeded PIP, we pursue the rest from the driver who hit you.
Credit Card Coverage
Some credit cards offer secondary rental car coverage when you pay for the rental with the card. This usually covers damage to the rental car (collision or theft) after your own insurance pays first. It typically does not cover liability to others or personal injuries. If your card provides this benefit, you can file a claim with the credit card issuer, but it often requires that you decline the rental company’s CDW and pay any primary deductible. For instance, if you charge the rental to your Visa or Amex, you might get reimbursement for damages to the rental car itself, subject to certain conditions (like not driving off-road).
Uninsured/Underinsured Motorist (UM/UIM) Insurance
If the at-fault driver has no insurance or insufficient insurance, and if you have UM/UIM coverage on your policy, you may use it to cover your losses. In Florida, UM generally covers bodily injury only, so it pays for medical expenses, lost wages, and pain and suffering when the other party is underinsured. For example, if the at-fault driver had only $10,000 in liability and your medical bills or property damage are higher, your UM/UIM could help pay the difference, up to your policy limits.
Rental Car Accident Lawyers Fighting For You In Florida
Our rental car accident lawyers will fight aggressively for you and your family to get the largest possible recovery in Florida. We know when someone gets into a rental car accident case, first they worry about the fees they have to pay in order to get the compensation. So don’t worry. Joya Injury Law works on contingency, so you don’t pay a fee up front. Why? Because we’ll charge you only after getting the compensation for your rental car accident case. More precisely, you will not owe us anything unless we win the money on your behalf in Florida. That means our legal services for Florida rental car accident come with no risk at all.
Florida Law And Your Florida Rental Car Crash
Florida’s traffic and insurance laws significantly affect rental car accident cases:
- No-Fault PIP Insurance: Florida is a no-fault state, meaning each driver’s Personal Injury Protection (PIP) insurance covers their medical bills, regardless of who caused the crash. All drivers, including those driving rentals, must have at least $10,000 in PIP. After a rental car accident in Florida, your PIP insurance will pay 80% of reasonable medical expenses (up to $10,000), 60% of lost wages (up to $10,000), and a $5,000 death benefit if someone dies. This coverage is automatic and kicks in immediately. However, PIP does not cover pain and suffering or lost work beyond those limits. In practice, if your injuries are minor, PIP may be the only compensation available unless your injuries meet Florida’s serious injury threshold.
- Serious Injury Documentation: Florida law only allows suing for pain and suffering if injuries meet certain thresholds (like disfigurement, significant loss of function, or death). An experienced attorney will help document your injuries thoroughly to meet this standard. For instance, photo evidence of a severe scar or detailed medical evaluations can prove your injury is “serious” enough for a lawsuit. Without this documentation, you could be limited to the $10,000 PIP benefit, even if your medical costs exceed that. We work with doctors to establish the severity of your injuries so we can pursue the full available compensation.
- Rental Company Liability (Graves Amendment): Federal law (the Graves Amendment) generally shields rental companies from vicarious liability. You usually cannot sue Hertz, Enterprise, or other rental agencies just because one of their vehicles was in an accident. That means the rental company’s insurance is not automatically liable for your damages. They only become at risk if they themselves were negligent, such as renting you a car with known defects. However, Florida does impose safety rules: rental agencies must keep vehicles maintained and verify drivers’ licenses. If the rental company violates these rules (e.g., renting to someone without a valid license or failing to maintain the car), they could potentially be sued under state law.
- Comparative Fault: Florida uses a modified comparative negligence rule. Each party in a crash is responsible for their percentage of fault. If you are deemed 50% or less at fault, you can still recover damages, but your award is reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover anything. For example, if a jury finds you 30% at fault in a Florida rental car crash and awards $100,000, you would receive $70,000. Our lawyers will work to minimize your fault by presenting traffic laws, witness statements, and any mitigating evidence so you recover as much as possible.
- Statute of Limitations: There is a deadline to file a lawsuit. In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit and four years to file a property damage lawsuit. Missing these deadlines usually means you lose the right to sue. For example, if you waited three years to sue for injuries, your case would likely be dismissed. Additionally, if a city or state entity is involved, you might have only a few months to give notice. We handle all timing and paperwork so nothing slips through the cracks.
- Florida Minimum Insurance: Florida’s required minimum auto insurance is very low ($10,000 PIP, $10,000 PDL). In a serious rental car accident, damages can far exceed these amounts. That’s why exploring optional coverage is crucial. We carefully check all policy limits and look for any additional insurance that might apply. For example, if the at-fault driver only has the state minimum, we will pursue your own UM/UIM or other liable insurers to cover the balance.
Choose The Right Law Firm For Rental Car Accident Cases And Win Big By Dialing (786) 405-3244
Finding the perfect law firm for a rental car accident case in Florida is not an easy task, as no one tells you what to look for. If you are selecting a law firm, you should select one that provides a personalized service. A personalized service means that the lawyers don’t just see you as another case number, but rather, dedicate all their attention and focus to your case proceedings, and keep you involved in all the legal steps. At Joya Injury Law, we treat every rental car accident case with dedication and commitment. We take the time to hear all your questions and respond to them. We are available 24/7, so if you want a free consultation with us regarding your rental car accident case, then call us at (786) 405-3244.
What Damages Can You Recover In A Florida Rental Car Accident?
If you’ve been injured or suffered losses in a rental car crash, you may be entitled to compensation for various damages:
- Medical Expenses: You can recover the cost of all medical care related to the accident. This includes emergency care, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment (like crutches or a wheelchair), and any future treatment related to your injuries. Even if your PIP insurance covered up to $10,000, you can claim any costs beyond that (for example, surgery or rehab bills that exceed the PIP limit) from the at-fault party’s insurance. We make sure no medical bill is left out.
- Lost Wages: If you had to miss work because of the accident or because of doctor appointments and therapy sessions, you can claim those lost earnings. This includes salary, hourly wages, tips, bonuses, and even self-employment income if you own a business. If your injuries affect your ability to work in the future, you can claim loss of earning capacity (the difference between what you could have earned without the accident versus now). We work with economic experts when needed to calculate future income loss.
- Property Damage: This covers repair or replacement of your vehicles and any other property damaged in the crash. For instance, if a rental car driver hits your personal vehicle, you can recover the repair costs or replacement value. If personal items were inside the car, like a laptop or smartphone, and got damaged, those losses can also be claimed, often through your own property insurance or as part of the settlement. We gather repair estimates and receipts to document these losses.
- Pain and Suffering: These are non-economic damages for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident. Florida does not cap pain and suffering in car accident cases, so this compensation can be significant. We describe to insurers (and juries, if it goes to trial) how the accident has affected your daily life, for example, if you can’t play with your children, enjoy hobbies, or sleep at night. The goal is to reflect the real toll the crash has taken on you.
- Disfigurement and Disability: If you have any permanent scars, disfigurement, or impairment, you can recover damages for these effects. For example, a serious scar on your face or a permanent limp is compensable. Florida law recognizes disfigurement and permanent injury as separate categories of damages.
- Wrongful Death: If the accident tragically resulted in a fatality, the deceased person’s family can bring a wrongful death claim. This may compensate for funeral and burial expenses, loss of the deceased’s expected income and support, and the survivors’ mental pain and suffering. Each family’s loss is unique; the law allows recovery for the survivors’ grief and loss of companionship. Spouses and dependents can also claim loss of the household services the deceased would have provided.
- Loss of Consortium: In some cases, spouses can claim loss of consortium for the loss of their partner’s companionship and support due to death or severe injury.
Joya Injury Law Has Proven Experience In Rental Car Accident Cases
Joya Injury Law has proven experience in rental car accident cases. All our clients in Florida have had good things to say about their experience with us. We have handled numerous rental car accident cases in Florida. We can work out what’s best for you — we’ve had our fair share of rental car accident cases in the past. Our clients in Florida have been satisfied with our timely response, our dedication, and aggressive advocacy. Our lawyers are equipped with the skillset required for winning your rental car accident case.
The Legal Processes Of Rental Car Accident Cases In Florida
Our team at Joya Injury Law understands how a case proceeds in the courts of Florida. We have contacts and connections with the relevant departments and individuals who help us take your case ahead at the right pace. We know Florida’s legal systems, and we leverage our expertise to secure the best outcome for your rental car accident case.
Hiring A Rental Car Accident Lawyer Matters More Than You Think
There are a lot of complexities tied to rental car accident cases in Florida, which you cannot handle on your own. A skilled rental car accident lawyer will help you tackle all the proceedings with ease. The insurance companies, local laws, and the judges’ behavior are different in every city. The team at Joya Injury Law in Florida understands the legal environment and courtroom procedures, so that the best compensation can be achieved for your rental car accident case. It’s always better to go with a local lawyer than generic legal services, because they know the legal landscape of the city they’re fighting for you in.
Rental Car Accident Lawyers At Joya Injury Law Guide You About Your Rights In Florida
Joya Injury Law’s lawyers in Florida don’t just take the rental car accident case off your hands, they educate you on your rights and show you how to keep them secure. Insurance companies often try to exploit people during rental car accident cases, but our lawyers in Florida help you to avoid such problems. We make sure that all your rights are respected while we handle your rental car accident case in Florida.
About Attorney Nick Joya
Attorney Nick Joya is the founding attorney and president of one of Florida’s leading personal injury law firms – Joya Injury Law. He’s a graduate of the University of Florida and also holds a degree from the College of Law at Florida International University.
Mr. Nick Joya has made millions for the victims in car accidents, slip and falls, medical malpractice, and truck collisions. Attorney Nick Joya has memberships in the Florida Justice Association, American Association for Justice, Miami-Dade, and Broward County Trial Lawyers Associations.
With a diverse and extensive trial background in both Federal and State courts, Attorney Joya is uncompromising in his pursuit of perfection as a trial attorney.
Why Listen To Me?
All the big insurance companies try to minimize your claims, and therefore, you need a proven trial lawyer when facing serious injuries, so that they can protect your deserved compensation. With zealous representation and strong trial preparation, I’ve won my clients millions in settlements. All the major insurance companies are aware that I am prepared to take all my cases to court to ensure the best results for all my clients.
With years of courtroom experience and knowing how insurance companies attempt to minimize injury victim claims, I put all my cases in a position to generate a full recovery.
Most attorneys will treat you as just another case number because they want to make a quick dollar. However, I treat all my clients like people, and my ability to take all my cases to trial gives me the leverage I need during negotiations, ensuring deserved and fair compensation, and not letting the insurance companies reduce your settlement.
Who I Am And Why I Wrote This?
An inexperienced doctor treated me and made my injuries worse when I was injured on a cruise ship 20 years ago. That is when I decided to found Joya Injury Law, so that every injury victim can have access to the best legal representation in America.
Due to poor legal representation, many people accept inadequate settlements. I created Joya Injury Law, where genuine compassion is combined with aggressive advocacy. Whether it’s a case investigation or correspondence with our clients, our empathy shines.
I wrote this so that all injury victims understand the true value of their claims and know how to pursue justice.
Reviewed by Nick Joya, Founding Attorney at Joya Injury Law, on November 6, 2025.