Who is Responsible for an Accident Involving a Rental Car?
April 30, 2025 | Sagi Shaked | Personal Injury
Rental cars allow people to have transportation in many situations, such as when their own car is in the shop or they fly to a different city for some reason. Renting a car and hopping behind the wheel is usually quick and easy, but things can get complicated if you get into a car accident.
What happens if you are in an accident while driving a rental car? What happens if someone in a rental car hits you? Dive into all the details below to learn more about who is responsible for the damages resulting from an accident with a rental car.
Liability After a Car Accident
Typically, the at-fault party is responsible for the damages resulting from an accident. This includes both economic damages and non-economic damages, such as medical bills, lost wages, and pain & suffering. Keep in mind that the driver of the rental car is not always the one who is at fault for an accident. Some parties who could be held responsible for an accident include:
- Rental car driver
- The driver of another vehicle
- Pedestrians
- Cyclists
- Rental car company
- Vehicle or equipment manufacturers
- Government entities, such as road maintenance crews
The rules concerning liability generally do not change just because a rental car is involved. The person or entity responsible for the accident is generally still liable for all the resulting damages. An experienced personal injury lawyer can help investigate your accident and help you determine who is responsible for your damages.
How Insurance Affects Liability for Car Accidents
Insurance does not necessarily change the liability after an accident; however, insurance can help shield you from financial responsibility. Most states require drivers to carry minimum levels of liability coverage in case they cause an accident. This liability coverage would pay for any damages caused by the driver, up to the limits of the policy. Any damages beyond the policy limits could still be the personal responsibility of the at-fault driver.
Since Florida is a no-fault insurance state, drivers are required to carry personal injury protection (PIP) insurance. This type of insurance pays for your injuries after an accident, regardless of who is at fault. Florida law requires that drivers carry a minimum of $10,000 in PIP coverage. If you are a Florida resident and have your own PIP coverage, then this coverage would typically cover any injuries you sustained in a rental car accident.
If you do not have your own PIP coverage, your rental car company might carry PIP coverage that applies to the vehicle. Rental car agents are often aggressive in pushing additional insurance coverage when you rent a car. You should always check the details of your rental agreement to understand what coverage is included with a basic rental. In some situations, purchasing additional coverage might make sense.
What To Do After an Accident Involving a Rental Car
If you are involved in a car accident involving a rental, there are some steps you should take to protect yourself and your legal rights. These steps are very similar to the steps you should take after any car accident:
- Seek Medical Treatment: If you are hurt in any way, go ahead and seek medical treatment for your injuries. Remember that not all injuries are immediately apparent after an accident. You might not notice some injuries until after your adrenaline wears off.
- Notify the Police: Most car accidents in Florida must be reported to the police. Go ahead and call the police so that they can create an accident report. The police report can prove to be critical evidence later in establishing liability.
- Be Careful Dealing with Insurance Companies: While you need to notify your insurance company of the accident, you should be extremely cautious in what you say, especially to another driver’s insurance company. They may use anything you say against you to avoid paying your claim. It is best to talk to a lawyer before having conversations with the insurance company.
- Talk to a Lawyer: As soon as possible after your accident, you should talk to an experienced car accident lawyer. Your lawyer can advise you of your legal rights and help you get compensation for your injuries. Remember that you only have a limited amount of time to file a claim after an accident, and a lawyer can help you identify the filing deadline for your claim.
Navigating the aftermath of a rental car accident can be complex, but taking the right steps ensures your rights and legal protections are upheld. For help, reach out to a car accident lawyer today.
Contact the Miami car accident lawyers at Shaked Law Personal Injury Lawyers for more help
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami car accident lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191
Open 24 hours