Renting a car in Florida offers convenience and flexibility, whether on vacation or traveling for business. However, the legal implications of being involved in an accident while driving a rental vehicle can be confusing due to legal implications.
For example, you may be unsure who is responsible for damages and how insurance coverage applies. You should, therefore, work with a legal professional who can explain and protect your legal right to compensation.
At Frankl Kominsky Injury Lawyers, our experienced Florida car accident attorneys can offer legal support after the crash. We’ll review your rental agreement, identify all liable parties, and ensure you receive the compensation you deserve.
Rental Car Crashes Key Takeaways
- After a rental car accident in Florida, seek immediate medical attention, file a police report, and speak with a car accident attorney.
- You may be entitled to compensation for medical expenses, lost income, emotional anguish, pain and suffering, loss of enjoyment of life, among other damages.
- Most car accident attorneys charge contingency fees, meaning you only pay if they win your case.
- A Florida car accident attorney can protect your rights, negotiate with insurers, and help maximize your rental car accident compensation.
- Call a car accident attorney for legal support.
What Happens When You Get Hit in a Rental Car
After being hit in a rental car, your actions can enhance your wellness and protect your legal rights. Here’s what you should do after sustaining an injury in a rental car:
Seek Immediate Medical Attention
After being involved in a rental car accident in Florida, your priority should always be your health. If you feel fine or believe your injuries are minor, visit a healthcare centre. Delaying care can endanger your well-being and weaken your injury claim.
Here are a few reasons to visit a healthcare center after a rental car injury:
Hidden or Delayed Injuries
Some injuries, such as whiplash, concussions, or internal bleeding, may not show symptoms right away due to shock or adrenaline. A medical evaluation can detect these hidden injuries and initiate a treatment plan.
Creating a Medical Record for Your Claim
A health care provider will document your injury and treatment using doctor’s notes, medical bills, and prescription medication. Medical documentation provides clear proof that your injuries resulted from the rental car accident.
Insurance companies rely heavily on these records when determining compensation. Without records, insurers may argue that your injuries are unrelated or exaggerated. A car accident lawyer can use medical records to prove the extent of your injuries and support your claim.
Protecting Your Legal Rights
In Florida, delaying treatment can jeopardize your eligibility for personal injury protection (PIP) benefits, which require medical care within 14 days of the accident. Prompt treatment strengthens your claim and ensures you meet legal requirements.
File a Police Crash Report
You should also notify the local police department if you sustain an injury in a rental car. Notifying the police about the crash allows you to adhere to Florida traffic regulations. In Florida, you should file a crash report immediately or within 10 days when:
- The accident involves injury or death of any person.
- Property damage exceeds $500.
- A vehicle left the scene without providing information.
- A driver was operating under the influence.
Filing a police report creates an official record of the accident. The crash report documents accident details, liability, and damages, and serves as evidence for insurance claims and legal proceedings.
Even for minor accidents not legally requiring a report, obtaining a crash report can help to establish liability and negligence. The absence of a police report may weaken your case and limit your legal options for seeking compensation.
A documented report establishes credibility and strengthens your position with insurance companies and rental agencies.
Notify Your Insurer About the Crash
After a rental car accident in Florida, notify your insurer immediately. Florida law requires drivers to carry Personal Injury Protection (PIP) coverage, which can help pay for medical expenses and lost earnings regardless of fault.
Your UM/UIM coverage can also cover your losses if the at-fault driver is uninsured or underinsured. Failing to report the crash promptly can result in denied claims or policy cancellation.
Insurers may also use delays or inconsistencies in your report to minimize your payout. You should avoid giving statements, accepting settlements, or signing documents without consulting a car accident attorney.
An experienced car accident lawyer can protect your rights, ensure you provide accurate information, and handle negotiations on your behalf. They can evaluate all settlement offers to prevent insurance companies from taking advantage of you after a stressful rental car accident.
Consult A Car Accident Lawyer
The aftermath of a rental car accident in Florida can overwhelm you. You may struggle to balance dealing with insurance companies, rental agreements, and medical expenses. A mistake can diminish your right to compensation.
You should work with a car accident attorney to protect your legal rights. Here’s how a car accident lawyer can support you after a crash:
Investigating the Crash
A car accident attorney will investigate how the crash occurred and who is liable. They will gather police reports, witness statements, medical records, and rental company documentation to build a solid case.
They can use various sources of evidence to establish negligence and link your injuries directly to the accident.
Adhering to Legal Timelines
Florida's statute of limitations for personal injury cases is two years from the accident date. Missing this deadline can permanently bar you from seeking compensation. A car accident lawyer files all claims, paperwork, and evidence promptly to keep your case on track.
Negotiating With Insurers
Insurance companies often prioritize their bottom line and may attempt to undervalue your claim. A car accident attorney knows how to counter these tactics and negotiate for a fair settlement that covers your losses.
Representation in Court
A car accident attorney can take your case to trial if negotiations fail. They’ll present compelling evidence, question witnesses, and argue your case before a judge or jury. Working with a car accident lawyer enhances the chances of a fair outcome during negotiations or court.
Can You Claim Compensation for a Car Accident
You can initiate a claim or lawsuit to obtain compensation for your injuries after a rental car accident. Some of the damages you can claim in a rental car accident include:
Medical Expenses
Medical bills often represent a large portion of a car accident claim. Compensation can cover emergency care, hospital stays, surgeries, diagnostic tests, medication, physical therapy, and ongoing treatment.
Victims with severe injuries can receive compensation for future costs like rehabilitation or home care costs. A car accident attorney will work with medical professionals and use invoices, medical reports, and doctors’ opinions to estimate the value of your losses.
Lost Income
If your injuries prevent you from working, you may claim compensation for lost income and reduced earning capacity. Lost earnings cover regular income, overtime, bonuses, and other benefits.
A car accident attorney can use several sources of evidence to prove lost income, including:
- Recent pay stubs
- Employment contracts
- Bank statements
- Tax returns
- Employer verification letters
- Attendance or time-tracking records
By presenting various documentation, a car accident lawyer can demonstrate the financial impact of the accident on your livelihood.
Out-of-Pocket Expenses
Car accident victims often pay extra expenses that insurance doesn’t cover. These may include transportation to medical appointments, parking fees, medical equipment, prescription costs, or vehicle repairs.
A car accident lawyer guides you in keeping detailed receipts and financial records to prove your claim for out-of-pocket expenses.
Pain and Suffering
Pain and suffering refer to the pain, physical discomfort, trauma, and inconvenience resulting from accident-related injuries. For example, a victim who suffers from chronic pain after a spinal injury may experience long-term mobility issues and constant discomfort that affect their daily activities.
A car accident lawyer can use medical evaluations, pain journals, and professional testimony to illustrate the severity and duration of your suffering.
Emotional Anguish
Beyond physical pain, car accidents often cause emotional trauma such as anxiety, depression, or post-traumatic stress disorder (PTSD). Victims may fear driving again or struggle with sleep disturbances.
A car accident attorney can use therapists’ notes, psychiatric evaluations, and testimony from family members or friends to prove the emotional toll of the accident.
Loss of Enjoyment of Life
Some injuries permanently limit victims' ability to participate in activities they once enjoyed, including sports, travel, or hobbies. You can demonstrate the loss of enjoyment of life by showing how the accident affected your lifestyle, independence, and personal fulfilment.
A car accident attorney may rely on medical records, professional testimony, and personal statements to communicate these losses.
Loss of Consortium
Loss of consortium compensation applies when a victim’s injuries affect their relationship with a spouse or partner, including loss of support, affection, or intimacy. To prove this damage, a car accident attorney may use:
- Testimony from the spouse or family members
- Counseling or therapy records
- Medical reports documenting physical or emotional limitations
- Personal diaries or written correspondence
- Affidavits from friends or relatives
- Professional testimony on psychological or relational impacts
Our car accident lawyer can use the above evidence to demonstrate how the accident has disrupted the couple’s relationship and emotional bond.
Permanent Disability or Disfigurement
If the crash causes lasting impairment, such as paralysis, amputation, or severe scarring, victims may be entitled to additional compensation. These conditions require lifelong medical care and reduce the victim’s earning potential and quality of life.
A car accident lawyer can work with vocational specialists and medical professionals to calculate long-term financial and emotional losses.
Punitive Damages
A court can award you punitive damages for a car rental crash involving gross negligence or intentional misconduct, like reckless driving. Their purpose is to punish the wrongdoer and deter similar behaviour.
A car accident lawyer can strengthen your claim for punitive damages using:
- Police and toxicology reports proving reckless or impaired driving
- Witness statements or surveillance footage showing intentional disregard for safety
- Prior driving or criminal records indicating a pattern of dangerous conduct
Rental Car Frequently Asked Questions
Will My Case Settle Before Trial?
Most rental car accident claims settle through negotiations, and only a small percentage go to trial. Straightforward rental car accident claims typically settle within a few weeks to several months.
While minor injuries like cuts or sprains may resolve within months, victims with severe injuries may experience delays. Most car accident cases settle after discovery and before trial. The settlement timing varies based on case complexity, liability disputes, and the insurer's willingness to pay.
How Much Is a Car Accident Lawyer?
Most car accident lawyers use contingency fee arrangements, meaning you pay no attorney fees upfront. A car accident lawyer only receives compensation if you win your case or reach a settlement.
Fees vary based on case complexity, whether the case settles or proceeds to trial, attorney experience and reputation, and the time and effort required.Your written agreement clearly outlines that case expenses—such as filing fees and expert witness costs—are typically deducted from your settlement.
How Long Does the Average Car Accident Settlement Take?
In Florida, settling a car accident claim generally takes several months to several years, depending on the case specifics. On average, negotiations take four to six weeks to receive compensation.
However, the timeline may vary based on injury severity, recovery time, and investigation length. A car accident attorney may advise you to complete treatment before settlement, which can take weeks, months, or longer.
Additional factors influencing the timelines include injury severity, liability disputes, and insurance company processing delays.
How a Car Accident Attorney Can Help With Your Rental Car Claim
You may be entitled to compensation if injured in a rental car caused by someone else’s negligence. However, handling a rental car accident claim can be complicated, especially when multiple insurance policies and liability questions are involved.
A skilled car accident attorney at Frankl Kominsky Injury Lawyers can investigate the crash, identify all sources of coverage, and initiate a claim against the negligent party. We’ll also negotiate with insurers or litigate to maximize your recovery.
Call us today at (561) 800-8000 for a free consultation.
