South Florida sees a high volume of rental cars on the road, especially in Miami, Fort Lauderdale, and other tourist-heavy spots. When one of those vehicles is involved in a crash, things get complicated fast.
Here’s the bottom line: the at-fault driver is usually responsible. Simple, right?
But with rental agreements, insurance policies, and different types of rentals (traditional vs. peer-to-peer), liability isn’t always straightforward. Whether you’re the renter, another driver, or a victim, knowing who pays (and what steps to take) can protect your health and your wallet.
Hidden Complications with Rental Car Accidents
While the at-fault driver is usually on the hook, rental car accidents raise questions most drivers aren’t prepared to answer.
- Can you sue the rental company?
- What happens if the driver doesn’t have insurance?
- Does your own policy cover a rental?
- Are peer-to-peer rentals like Turo treated the same as Hertz or Enterprise?
These aren’t hypotheticals. They’re real issues that come up every day in Florida crashes. The rental agreement, the insurance policies involved, and even the type of rental company can all change how liability works.
Can You Sue the Rental Company?
Not usually. A federal law called the Graves Amendment protects rental car companies from being sued just because they own the vehicle. Florida’s usual rule — that vehicle owners are responsible for whoever they let drive their cars — doesn’t apply here.
That said, if the rental company did something wrong (like renting out a car with bad brakes or skipping a license check), they can still be held accountable. Those cases are rare, but not impossible.
You Aren’t Out of Options
Even if the rental company is shielded, there may still be valid personal injury claims against the driver, their insurance, or third parties. At Stabinski, we can help uncover all potential sources of compensation, build a strong case, and handle negotiations with insurers who rarely play fair.
Traditional Rentals vs. Peer-to-Peer: What’s the Difference?
Many drivers don’t realize that the type of rental they use, traditional versus peer-to-peer, can change everything about their insurance liability.
Traditional Rental Companies (Hertz, Enterprise, etc.)
With companies like Hertz or Enterprise, you’re renting from a fleet operator. These companies are required to carry minimum state insurance and often offer add-ons:
- Collision Damage Waiver (CDW) — Waives your financial responsibility for damage to the rental car.
- Supplemental Liability Insurance (SLI) — Offers higher liability protection than Florida’s minimums.
What if I declined coverage through the rental company?
If you decline these coverage options, you’re relying on your own policy. That means your personal injury protection (PIP), property damage liability (PDL), and any bodily injury coverage you carry must cover the damages.
Peer-to-Peer Car Sharing (Turo, Getaround, etc.)
Peer-to-peer rentals involve borrowing a private individual’s vehicle via a platform. Florida law requires platforms to meet minimum coverage, but options vary. For example, Turo’s higher-tier plans offer up to $750,000 in liability protection, but only if the renter selects that plan.
Lower-tier or no coverage plans could leave the renter liable for large out-of-pocket expenses. And since personal policies don’t always cover peer-to-peer rentals, gaps in protection are common.
It’s also worth noting: peer-to-peer platforms don’t always apply the same maintenance or vetting standards as traditional rental companies. This inconsistency could complicate things if a defect contributed to the crash.
Insurance: How It Actually Works in a Florida Rental Car Accident
Florida is a no-fault state, meaning your personal injury protection (PIP) pays your medical expenses—regardless of who caused the crash—up to $10,000.
If You’re a Florida Resident
Your personal insurance is usually your first line of defense. Your PIP and liability coverage generally follow you to the rental car. If you don’t carry optional bodily injury liability (Florida doesn’t require it), the rental company’s policy might step in, but only for the minimums.
If You’re Visiting from Out of State
Tourists without Florida insurance rely on the rental company’s PIP policy, which covers up to $10,000 in medical bills. That’s helpful, but basic rental company policies often don’t go far in serious accidents. Tourists are strongly encouraged to purchase supplemental liability insurance (SLI) or to check whether their travel insurance or credit card offers coverage.
But beware: most credit cards only cover collision damage, not injuries or liability.
If You Cause the Accident in a Rental Car
If you’re at fault, you’re responsible, just as in your personal vehicle.
- Your liability insurance (either personal or from the rental agreement) pays for other people’s injuries and property damage.
- Damage to the rental car is your responsibility unless you’ve bought collision damage waiver/loss damage waiver (CDW/LDW) or have collision coverage on your own policy.
- Expect potential fees from the rental company: administrative costs, “loss of use,” and more.
If your coverage is insufficient, the financial consequences can be steep, especially if someone is seriously hurt.
If You’re Hit by Someone Driving a Rental Car
The person driving the rental car is on the hook. Their insurance should pay for your injuries and damages beyond what your PIP covers.
But here’s the catch: many renters are only covered for Florida’s minimums: $10,000 for bodily injury and $10,000 for property damage. That doesn’t stretch far.
If the damage exceeds those amounts, you can:
- File a personal injury lawsuit against the rental driver.
- Activate your uninsured/underinsured motorist (UM/UIM) coverage if you carry it.
In most cases, you won’t be able to sue the rental company unless there’s evidence they were directly negligent.
When to Call a Lawyer After a Rental Car Accident
Not every accident needs a lawyer, but if a rental car is involved, there’s a good chance you do.
Here’s when to make the call:
- You’re injured. Even minor injuries can get expensive. A lawyer can help you go beyond Florida’s no-fault limits and pursue full compensation.
- You were hit by someone in a rental. These cases often involve multiple insurance policies, and not all of them are easy to access without legal help.
- The other driver blames you. If you’re being accused of causing a crash in a rental, don’t go it alone. A lawyer can protect your rights and keep you from being railroaded by insurers.
- The rental company is coming after you. “Loss of use” fees, repair bills, and threats to charge your credit card? We’ve seen it all. You don’t have to just accept it.
- Insurance is giving you the runaround. Whether it’s your policy, theirs, or the rental company’s, we’ll find out who should pay, and make sure they do.
At Stabinski Law, we’ve handled rental car crashes from every angle: tourists, locals, victims, and drivers facing blame. With us, your case won’t get lost in the shuffle. You’ll speak directly with an attorney who takes the time to understand your situation, and you can rest easy knowing we fight hard to recover every dollar you’re owed.
Rental Accidents Can Get Complicated
Know Where You Stand with Stabinski
There’s a lot to untangle after a rental car crash, but you don’t have to figure it out alone. Whether the details seem straightforward or completely overwhelming, there are always options. The key is acting early and getting guidance from someone who knows how to make the system work for you.
If you’ve been involved in a rental-related crash, we’re ready to help. Free consultations. No fees unless we win.
