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Are Florida Rental Car Agencies Liable for Vehicle Accidents?

March 9, 2023 | Category: Automobile Accidents, Personal Injury | Share

Florida tourism is continuing its high-volume growth pattern. As of the end of the third quarter of 2022, 1.9 million international travelers visited our state. This is an increase of 85.5 percent from the previous third quarter in 2021. Canadian visitors accounted for 539,000 during the third quarter of 2022, an increase of 442.2 percent from the previous year. 34.3 percent of Florida’s out-of-state visitors traveled by plane, according to Florida governmental statistics.

Are Florida Rental Car Agencies Liable for Vehicle AccidentsDana Young, VISIT FLORIDA President and CEO, said recently, “We are thrilled to cap off more outstanding growth for Florida’s tourism industry in the third quarter of 2022. Even as more destinations have become available, Florida has firmly maintained the top spot on every traveler’s list. Looking ahead, VISIT FLORIDA is wholly focused on continuing the momentum we have created, and further reinforcing that we are the No. 1 vacation destination in the world.”

When visitors arrive at RSW Airport, many of them rent vehicles at the airport to drive to their final destinations and points in between.

What are the chances rental vehicles will be in Florida vehicle accidents?

Florida has 15 million drivers on its roadways, and approximately 250,000 are involved in crashes annually. Rental cars are on our roads everywhere, all year long. The chances of being in an accident as the driver of a rental car or as another driver sharing the road with rental car drivers are higher in Florida than in most other states, according to national statistics.

Rental vehicle accident insurance

  • Rental companies require renters to have insurance.
  • Most drivers are covered under their personal auto insurance policies, but not always.
  • Drivers may also be offered collision-damage waivers through rental companies.
  • Vehicle renters in Florida could have $10,000 in secondary coverage through the rental company. This is accessed only after the driver’s personal vehicle insurance is exhausted.

The question usually arises when one is renting a vehicle - Should I purchase the auto insurance policy the rental car company offers? The answer is - it depends. Before renting a vehicle, rental drivers need to review their automobile insurance coverage. It is also recommended that drivers have uninsured motorists’ coverage of at least $300,000 per person under their own personal automobile insurance policy.

Questions when considering liability.

  • Who was driving the vehicle and was he or she named on the rental agreement? Immediate family members may be covered, other drivers may not be covered even if they are permitted to drive by the renter.
  • What type of rental vehicle is it? Some rental vehicles do not have any insurance coverage available, such as vans, pickup trucks, and U-hauls.
  • Where was the rental driver going? Some insurance coverage applies only to particular areas.

In Florida, liability is determined by a “comparative negligence” provision. Each person is held liable for damages according to the portion of his or her fault in the accident. 

Who can represent me in Florida rental car accidents?

Fort Myers Rental Car Accident Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. represents anyone who has been seriously injured or tragically dies, in a Florida accident because of the negligence of others. This includes residents and tourists all over the state of Florida. Attorney Spivey has a Preeminent Attorney Rating from Martindale Hubble, just one of the many recognitions he has received. This is the highest rating standard that signifies the greatest level of professional excellence for legal knowledge, communication skills, and ethical standards.

After seeking medical attention, please contact Attorney Spivey 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or contact him online at There are no costs or attorney fees until he receives a monetary recovery for you.  

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