Got Into a Rental Car Accident in Florida? Here’s What Happens Next

The moments following a car accident can be harrowing. Even as you gather yourself and inspect the extent of the crash, there are tasks that you will need to address in the days and weeks to come. The following steps can ensure you are prepared for what comes next after a rental car accident in Florida.

Make Sure Everyone Is Safe

Your first priority should always be safety. Check yourself, passengers, and others involved for injuries. If anyone is seriously hurt, call 911 immediately. Move to a safe location if possible, especially if you’re on a busy road. Turn on your hazard lights and wait for emergency responders. Florida law requires you to remain at the scene of an accident with injuries or property damage.

Report the Accident

Even if the crash seems minor, contact the police right away. A police report is often required by rental companies and insurers to process claims, so you will want officers at the scene to begin that process. In Florida, you must file a crash report if the accident results in injury, death, or property damage exceeding $500.

Contact the Rental Car Company

It is a good idea to call the rental agency as soon as it’s safe to do so. This is usually straightforward, as most have emergency hotlines. The rental company will want any details you can provide, particularly if you have a report number from the local police. Ensuring they have the information they need to collect the damaged car is important, as you are required to assist them with this process.

Review the Rental Agreement

Your rental contract likely includes some form of insurance or damage waiver. Depending on what coverage you selected at the counter—and what coverage you have from your personal car insurance or credit card—you may be financially responsible for some or all of the damage. Florida is a no-fault state, so your own personal injury protection (PIP) may cover initial medical costs, even in a rental.

Call Your Own Insurance Company

If you used your personal auto insurance to cover the rental, notify your insurer right away. Your policy likely covers the crash even though you don’t own the car you were driving. If you used a credit card to pay for the car that includes rental coverage, providing them with details about your accident could give you another avenue for filing a claim.

Speak With a Personal Injury Attorney if Needed

If you were injured, if another driver was at fault, or if you’re being blamed for damage you didn’t cause, consult a personal injury attorney—especially one familiar with Florida’s insurance laws and rental car liability. An attorney can help protect your rights, handle negotiations, and determine whether you’re entitled to compensation.

Learn How We Can Help

At Clark, Fountain, Littky-Rubin & Whitman, our team of attorneys can help you navigate the complexities of a rental car accident. You deserve justice, and are prepared to build the strongest possible case for negligence on your behalf. Contact a Florida personal injury lawyer today to learn more.

1. Does Florida’s no-fault system still apply if I’m in a rental car?

Yes. If you are a Florida driver with Personal Injury Protection (PIP), that coverage generally follows you into a rental car and is still your first source of payment for medical bills and a portion of lost wages, regardless of fault. PIP usually pays up to in benefits, which often is not enough for serious injuries.

2. Whose insurance is primary after a rental car accident?

The answer depends on your rental contract and your own auto policy. In many situations, your personal auto insurance (PIP, liability, collision, and comprehensive) is primary, and the rental company’s policy or any add‑on coverage at the counter acts as secondary or excess. Some rental agreements, however, clearly state that the renter’s policy is primary for both liability and PIP, so it is critical to read those terms.

3. What minimum coverage does Florida require for rental vehicles?

Florida law requires that vehicles on the road—whether personally owned or rented—be covered by at least in PIP and in Property Damage Liability (PDL). Many rental companies only provide the legal minimum unless you purchase additional protection, which can leave a big gap if the crash causes serious injuries or major property damage.

4. What do the rental counter coverages (CDW, SLI, etc.) actually do?

Collision Damage Waiver (CDW) or Loss Damage Waiver mainly protects you from being charged for physical damage or theft of the rental car itself, not for injuries to others. Supplemental Liability Insurance (SLI) adds extra liability coverage if you injure someone or damage their property, while Personal Accident Insurance and Personal Effects Coverage address medical expenses and stolen belongings, respectively.

5. Does my credit card’s rental coverage replace insurance?

Usually not. Credit card rental benefits often focus on damage to the rental car (similar to a mini CDW) and typically do not cover liability to others or your medical bills. They also come with exclusions on vehicle type, rental length, and use, so they are best viewed as a back‑up for vehicle damage—not a substitute for auto insurance.

6. Who pays if another driver hits me while I’m in a rental?

If another driver is at fault, your PIP generally pays your initial medical expenses, then you may pursue a property damage and bodily injury claim against the at‑fault driver’s liability insurance. If that driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage and any rental or credit‑card protections may become critical.

7. Can I be personally on the hook for damage to the rental car?

Yes, depending on your contract and coverage choices. If you decline CDW and do not have collision coverage on your own policy, you may be personally responsible for repair costs, “loss of use” fees while the car is off the road, and diminished value claims. Purchasing a waiver or confirming that your personal collision coverage extends to rentals can reduce this risk.

8. Can the rental company itself be held liable for the accident?

Usually rental companies are shielded from automatic vicarious liability by a federal law known as the Graves Amendment, which prevents holding them responsible just because they own the vehicle. However, they may still be liable if their own negligence contributed to the crash—for example, by failing to maintain the vehicle, renting to an obviously unlicensed or intoxicated driver, or ignoring known safety issues.

9. What should I do about insurance notifications after a rental crash?

You should:

• Notify the police and obtain a report number.
• Call the rental car company using its emergency or claims number.
• Report the crash to your own auto insurer within the time required by your policy.
• Contact any credit card company that may provide rental coverage.

Giving timely, factual notice helps protect your coverage and avoids accusations that you violated policy conditions.

10. When should I talk to a Florida personal injury attorney after a rental car accident?

You should consult an attorney if you suffered more than minor injuries, fault is disputed, multiple insurers are pointing fingers, or the rental company is demanding payment you don’t understand. A lawyer familiar with Florida’s no‑fault rules, rental contracts, and liability laws can identify which policies apply, negotiate with insurers, and pursue compensation for medical costs, lost income, and other damages if another party’s negligence caused your injuries.