Florida’s booming tourism industry brings millions of visitors each year. Many of these travelers rent cars to explore the state. But when tourists behind the wheel of a rental vehicle cause an accident, determining liability isn’t always simple. These collisions can involve complicated legal issues, particularly when the driver is from out of state.
At Dennis Hernandez Injury Attorneys, we’ve recovered millions and millions for injured clients—including those hurt by negligent tourist drivers. If you’re trying to understand your legal rights after a rental car crash in Florida, this guide is for you.
We fight to get you paid!
Why Are Rental Car Accidents Involving Tourists So Complex?
Rental car accidents are legally more complicated than crashes involving personal vehicles. Multiple parties might be involved, and understanding who’s responsible takes careful analysis of contracts, insurance policies, and state laws. When the at-fault driver is from out of state, the issues get even more tangled.
Florida is a “no-fault” state under Florida Statutes § 627.736, meaning that drivers must carry Personal Injury Protection (PIP) insurance. This law requires your own insurance to cover initial medical expenses up to \$10,000, no matter who caused the crash. However, if injuries are serious—such as permanent disfigurement or long-term impairment—you may be entitled to file a personal injury claim against the at-fault driver.
What Is the Rental Car Company’s Liability?
You might assume the rental car company is responsible for any crash involving their vehicle, but federal law says otherwise. The Graves Amendment (49 U.S. Code § 30106) protects rental companies from being held liable for damages simply because they own the car—unless their own negligence played a role.
So unless the rental company knowingly provided a faulty vehicle or failed to maintain it properly, they usually aren’t legally responsible for a tourist driver’s actions.
Who Pays If You’re Injured by a Tourist Driver in Florida?
If you’re injured by a tourist driver in a rental car, the following coverage options may apply:
- Your own PIP insurance: This is your first source of compensation under Florida’s no-fault system.
- Tourist’s personal auto policy: If the driver has valid out-of-state insurance that extends coverage to rentals, it may cover your damages beyond PIP.
- Rental car company’s insurance: Some companies offer Supplemental Liability Insurance (SLI) that could kick in if the tourist’s personal policy isn’t enough.
- Credit card coverage: If the rental was paid with a credit card that includes car rental coverage, it might cover property damage—not personal injury.
- Uninsured/Underinsured Motorist (UM/UIM) coverage: If you carry UM coverage, it may help if the tourist is uninsured or underinsured.
Navigating these policies is difficult without legal guidance. That’s why it’s essential to speak to a qualified rental car accident attorney in Florida after any collision with a tourist driver.
What Happens If the At-Fault Driver Is From Another State?
Accidents with out-of-state drivers in Florida often bring legal challenges. Each state has different rules about insurance minimums and liability. A tourist may not understand Florida’s traffic laws or no-fault insurance system, leading to confusion or even denial of responsibility.
You may need to pursue legal action against the out-of-state driver if your injuries exceed PIP limits. Under Florida Statutes § 627.737, victims can file a personal injury claim if they suffer permanent injury, disfigurement, or significant loss of bodily function.
In these cases, your attorney can help collect witness statements, obtain the police report, and work with insurance carriers to ensure your rights are protected—no matter where the driver is from.
What If the Tourist Has Insufficient Insurance?
If the tourist’s policy doesn’t cover all your losses, or they have no insurance at all, you may need to rely on:
- Your UM/UIM coverage
- The rental company’s SLI policy, if it was purchased
- A civil lawsuit against the at-fault driver personally
In cases with major injuries or wrongful death, full compensation may require filing a lawsuit. A qualified lawyer will evaluate every policy involved and pursue the maximum compensation available.
What Should You Do Immediately After a Rental Vehicle Accident?
If you’re hurt by a tourist driver in Central Florida, taking the right steps at the crash scene can protect your health and your claim:
- Call 911 and check for injuries.
- Seek medical attention, even if you feel fine.
- Collect information from the driver and rental agency.
- Document the scene with photos of vehicle positions, damage, and road conditions.
- Speak to witnesses and get their contact details.
- File a police report, which can be used later as legal evidence.
This documentation will be crucial when filing claims or lawsuits and proving fault.
What Compensation Can You Receive After a Tourist Driver Crash?
If you’ve been injured by a tourist driver in Central Florida, and your injuries go beyond what PIP covers, a personal injury lawsuit may allow you to recover:
- Medical expenses (current and future)
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Property damage
If the driver acted with gross negligence or recklessness, you might also qualify for punitive damages under Florida Statutes § 768.72.
Can You Sue the Tourist Driver Directly?
Yes. If their insurance coverage is insufficient and your injuries are severe, Florida law allows you to sue the out-of-state driver directly. This often becomes necessary when insurance companies delay or deny valid claims.
Your rental vehicle crash liability Florida attorney will build a strong case using police reports, medical records, expert opinions, and witness testimony. A well-prepared lawsuit can motivate insurers to settle fairly—or win in court if needed.
What Legal Support Do You Need After a Rental Car Crash?
Handling a complex insurance claim alone—especially involving out-of-state laws and corporate insurers—can put you at a disadvantage. An experienced attorney can:
- Investigate all insurance policies involved
- Deal with adjusters and protect you from lowball offers
- File a lawsuit if necessary to pursue full compensation
- Handle communication with medical providers and lienholders
At Dennis Hernandez Injury Attorneys, we know how to handle these cases from start to finish. We’re here to fight for what’s fair—and We fight to get you paid!
How Long Do You Have to File a Claim?
In Florida, the statute of limitations for car accident claims is two years from the date of the crash under Florida Statutes § 95.11 (2023 update). If you wait too long, you could lose your right to recover any damages—even with a strong case.
How Can Tourists Reduce the Risk of Causing Accidents?
Rental car crashes often happen because tourists are unfamiliar with Florida’s roads. Visitors can reduce their risk of accidents by:
- Driving defensively and avoiding distractions
- Using GPS to avoid sudden turns or lane changes
- Learning local traffic rules, especially about right-of-way and speed limits
- Purchasing supplemental insurance for added coverage
- Avoiding alcohol or fatigue behind the wheel
Even careful tourists can make mistakes. When they do, innocent Floridians shouldn’t suffer the consequences alone.
Why Should You Choose Dennis Hernandez Injury Attorneys?
Our team knows what it takes to hold out-of-state drivers and rental companies accountable. We’ve won high-value settlements and verdicts in cases involving:
- Tourist driver negligence
- Rental company disputes
- Uninsured or underinsured motorist claims
We offer free consultations, no upfront fees, and personalized legal strategies. We’ll fight to maximize your compensation and protect your future.
When Should You Call a Rental Car Accident Attorney?
The sooner, the better. Early legal representation ensures:
- Important evidence is preserved
- Insurance deadlines aren’t missed
- You don’t fall victim to insurer tactics
Whether you’ve been hurt in a crash caused by a tourist or another party, call us today. At Dennis Hernandez Injury Attorneys, we stand by your side and make sure justice is served.
We fight to get you paid!
