Getting into a car crash while driving a rental car in Fort Lauderdale or Miami can feel overwhelming. Not only do you have to worry about your health and recovery, but there are also added layers of confusion involving the rental company, insurance policies, and Florida’s no-fault system. Under state law, your Personal Injury Protection (PIP) coverage usually applies first, but if your injuries are serious, you may have the right to pursue claims against negligent drivers or other responsible parties.
This is where the team of experienced Fort Lauderdale car accident lawyers at Englander Peebles can step in. We handle every aspect of your case, from investigating the accident to dealing with the rental company and insurers. We identify all liable parties, protect your rights, and fight for the best possible outcome so you can focus on healing.
Key Takeaways – Rental Car Crashes
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Rental car accidents are common in Fort Lauderdale and Miami due to heavy traffic, aggressive driving, and visitors who may be unfamiliar with local roads. - Florida’s no-fault system applies. Personal Injury Protection (PIP) covers a portion of medical bills and lost income, regardless of fault. However, if injuries are severe, you may step outside the no-fault system and bring a claim against negligent drivers or other responsible parties.
- Multiple parties may be liable. Responsibility can fall on another motorist, a rental car company for poor maintenance, a manufacturer for vehicle defects, or contractors and agencies for unsafe road conditions.
- Proving fault requires strong evidence. Police reports, witness statements, photographs, video footage, and maintenance records can help demonstrate negligence.
- Proving damages is equally important. Medical records, employment documentation, and expert testimony may be used to show the full impact of the accident on your health and livelihood.
- Damages may include medical expenses, lost income, loss of earning capacity, property losses, and non-economic harms. The availability and extent of damages depend on the facts of the case.
- Why you should call our team: Our car accident attorneys can manage every step—investigation, negotiations, and claims—so you can focus on healing while we fight for the best possible outcome.
How Do Rental Car Crashes Happen?
Rental cars are a common sight in Fort Lauderdale and Miami, where both tourists and business travelers rely on them to get around. Unfortunately, crashes involving rental cars occur frequently in these busy South Florida cities. The area’s heavy traffic, unfamiliar roadways, and fast-paced driving conditions create circumstances where collisions are more likely.
One frequent cause of rental car crashes is driver error by another motorist on the road. Speeding, distracted driving, and aggressive lane changes are everyday occurrences on I-95, I-595, and local streets. When another driver behaves recklessly, they can easily collide with a rental car.
Mechanical failures and poor vehicle maintenance also play a role. Although rental companies are expected to keep their vehicles safe and roadworthy, some cars may have tire, brake, or engine issues that lead to a crash.
Who Can Be Responsible for Negligence?
Responsibility for a rental car crash in Fort Lauderdale or Miami depends on the specific facts of the collision. Another negligent driver may be held liable if they were speeding, distracted, intoxicated, or otherwise driving carelessly.
In some situations, the rental car company may share responsibility if the vehicle was not properly maintained or if a dangerous defect went unaddressed. Manufacturers can also be held accountable if a defective auto part, such as faulty brakes or airbags, contributed to the crash.
Additionally, if a local business or contractor leaves a road in dangerous condition—for example, by failing to put up warnings during construction—they may be legally responsible for negligence.
Understanding Your Legal Options After a Rental Car Accident
Being involved in a rental car accident in Fort Lauderdale or Miami can be stressful and confusing, especially if you are visiting from out of state or another country. Beyond dealing with injuries and vehicle damage, you may wonder what legal options you have for seeking compensation. Florida law provides several pathways, depending on the circumstances of the crash and who is found responsible.
Florida’s Personal Injury Protection (PIP)
Florida is a no-fault state, which means that after most car accidents, including those involving rental cars, each driver first turns to their own Personal Injury Protection (PIP) insurance coverage. PIP is required in Florida and typically covers up to 80 percent of reasonable medical expenses and 60 percent of lost earnings, up to $10,000, regardless of who caused the accident.
If you are a Florida resident, your own PIP policy applies even when you are driving a rental car. Tourists may also have coverage through their own auto insurance or through insurance purchased directly from the rental car company. However, PIP benefits may not fully cover your losses, especially if your injuries are severe.
Stepping Outside the No-Fault System
Florida law allows accident victims to pursue a claim against the at-fault driver if their injuries meet the serious injury threshold. This includes permanent disability, significant scarring, or substantial impairment of bodily functions. If your injuries qualify, you may file a personal injury lawsuit seeking damages for pain and suffering, future medical care, and other losses not covered by PIP.
Potential Liability of Other Parties
In some cases, responsibility may extend beyond another driver. The rental car company can be held liable if it failed to properly maintain the vehicle or rented out a car with known safety issues. In other situations, a vehicle manufacturer might be accountable if a defective part, such as brakes or airbags, contributed to the accident. Contractors or government entities may also bear responsibility if a dangerous road condition caused or worsened the crash.
Seeking Legal Guidance
Because Florida rental car accident cases involve overlapping insurance policies, state laws, and sometimes out-of-state visitors, they can become complicated quickly. Consulting our experienced car accident attorneys in Fort Lauderdale or Miami can help you handle insurance claims, maximize your PIP benefits, and determine whether you can pursue additional compensation from negligent parties.
How Do You Prove Fault and Damages in a Rental Car Accident Case?
After a rental car accident in Fort Lauderdale or Miami, proving fault is often the first step in holding the responsible party accountable. Florida is a no-fault state, so all drivers must first use their own Personal Injury Protection (PIP) coverage for medical care and lost income. However, if your injuries are serious enough to go beyond what PIP provides, you may pursue a claim against the at-fault driver or other responsible parties.
Establishing fault requires demonstrating that another driver, rental car company, manufacturer, or even a third party acted negligently. This means showing that they failed to use reasonable care, such as driving recklessly, failing to maintain the vehicle, or leaving a road hazard unaddressed.
Evidence That Helps Establish Negligence
Gathering strong evidence is key to proving fault. Police reports often contain initial findings about who may be responsible, while witness statements provide valuable firsthand accounts of what happened. Accident scene photographs, skid marks, and traffic camera footage can also be used to reconstruct the events leading to the crash.
In cases involving possible vehicle defects, maintenance records from the rental company or manufacturer recall notices may be reviewed. If road conditions contributed, documentation from city or state agencies may help prove negligence.
Proving Damages After the Crash
Beyond fault, it is also necessary to prove the extent of damages caused by the accident. This involves linking your injuries and losses directly to the collision. Medical records, diagnostic tests, and treatment notes can demonstrate the seriousness of your injuries. Employment records or testimony from employers may confirm time missed from work due to recovery.
For long-term or permanent conditions, expert testimony from doctors or specialists can explain how the accident has impacted your health and daily life. These details help establish the full scope of damages, going beyond what Florida PIP alone will cover.
Why Legal Guidance Matters
Proving both fault and damages in a rental car accident can be challenging, especially in South Florida, where tourists, multiple insurance policies, and complex laws often intersect. Our experienced attorneys can gather the necessary evidence, ensure that PIP benefits are fully applied, and build a strong case if further legal action is necessary.
Recoverable Damages in Florida Rental Car Crash Cases
When you suffered an injury in a rental car accident in Fort Lauderdale or Miami, you may face significant challenges that go beyond the immediate crash. Florida law allows injured individuals to seek different types of damages, depending on the facts of the case and the severity of the injuries. These damages are intended to address the impact of the accident and help restore stability in your life.
- Medical-Related Damages – The most immediate type of damages often involve medical care. These include compensation for hospital stays, doctor visits, surgeries, physical therapy, and prescription medications. If your injuries require long-term treatment or future medical procedures, those costs may also be included. In cases involving catastrophic injuries, ongoing rehabilitation or specialized medical equipment may become necessary.
- Lost Income and Future Earning Capacity – An accident may prevent you from returning to work, either temporarily or permanently. Damages for lost income account for the income you could not earn while recovering. In more serious cases, if your injuries reduce your ability to work in the same capacity as before, you may also seek damages for loss of future earning capacity. This ensures that the long-term financial consequences of the crash are recognized.
- Non-economic Damages – Beyond financial losses, Florida law also permits recovery for non-economic damages when injuries meet the state’s serious injury threshold. These damages address the human cost of an accident, such as pain, emotional distress, mental anguish, and loss of enjoyment of life. While more difficult to measure, non-economic damages are often critical to fully addressing the harm suffered in a serious collision.
Why Damages Vary
The types and amounts of damages available depend on many factors, including the extent of injuries, the availability of insurance coverage, and whether negligence can be proven against another party. Because Florida is a no-fault state, Personal Injury Protection (PIP) benefits may cover initial medical and income losses, but serious injuries often allow you to step outside the no-fault system to pursue broader damages.
FAQs – Rental Car Collisions in Florida
What should I do after a rental car accident in Fort Lauderdale or Miami?
Seek ongoing medical attention and complete all recommended treatment. You should also notify the rental car company and keep important evidence, such as photos and witness information.
Does Florida’s no-fault law apply to rental car accidents?
Yes. Florida requires Personal Injury Protection (PIP) coverage, which pays for medical expenses and part of your lost income regardless of fault. However, if your injuries are severe, you may step outside the no-fault system to file a claim against the at-fault party.
Who can be held responsible for a rental car accident?
Potentially responsible parties may include another negligent driver, the rental car company (if maintenance was neglected), a vehicle manufacturer (if a defect contributed), or even contractors or agencies responsible for unsafe road conditions.
What types of damages can be recovered?
Depending on the case, you may recover damages for medical costs, lost income, future earning capacity, non-economic harms like pain and distress, and property damage.
How can your lawyers help?
Our lawyers investigate the accident, gather critical evidence, and identify all responsible parties. We work to maximize your PIP benefits and pursue additional claims when possible. With experience in South Florida rental car cases, we guide you through every step and fight for the compensation you deserve.
Talk with an Experienced Rental Car Accident Lawyer Today
At Englander Peebles, we are prepared to aggressively negotiate with insurance companies – and if necessary, pursue litigation – to maximize the compensation you recover in your rental car accident case.
Our knowledgeable Fort Lauderdale personal injury attorneys are standing by, please call us at (954)500-4878 or contact us online today.