Imagine driving through the streets of Bradenton—perhaps heading down Manatee Avenue or driving through traffic near downtown—when out of nowhere, a rental car collides with your vehicle. The driver steps out, apologizing, and you soon realize they’re not a local. Now you’re left with painful injuries, mounting medical bills, vehicle damage, and a maze of insurance questions. Who’s going to pay for all this? What are your rights under Florida law? And how do you hold someone accountable when a rental car company is involved?
At Goldman, Babboni, Fernandez, Murphy & Walsh, we’ve handled countless personal injury cases involving rental car drivers in Bradenton and throughout Southwest Florida. These cases often involve added complexity, making it essential to understand both the immediate steps to take and the nuances of liability and insurance in Florida. Here’s what you need to know if you’re injured by a rental car driver.
What to Do Immediately After the Accident
If you’re involved in a crash with a rental vehicle in Bradenton, the actions you take immediately after the accident will significantly affect the strength of your legal claim. First and foremost, check for injuries and call 911. Even if your injuries seem minor, seek a medical evaluation right away. In Florida, you must receive medical treatment within 14 days to qualify for Personal Injury Protection (PIP) benefits.
Once you’ve ensured your safety and medical needs, notify law enforcement and request an official police report. This documentation is critical when dealing with rental agencies and insurance adjusters. Take as many photos as possible—of the vehicles, road conditions, injuries, damage, and especially any visible rental car documents such as a key tag or paperwork on the dashboard. Make sure to collect the driver’s personal information and the rental vehicle’s details, including the license plate and the rental company’s name.
If there are any witnesses, get their contact information and make brief notes about what they saw. Also, write down any details that might later prove significant, such as whether the rental driver was distracted, intoxicated, or appeared unfamiliar with local traffic patterns. Bradenton sees a high volume of tourist traffic, and many out-of-town drivers are unfamiliar with local roads—contributing to erratic or unsafe behavior behind the wheel.
Who’s Liable After a Rental Car Accident in Florida?
In Florida, rental car accident claims introduce multiple layers of liability, which can make the legal process more difficult to navigate without skilled legal help. Here’s a breakdown of the parties who may be liable:
The At-Fault Driver
Despite being behind the wheel of a rental car, the driver is typically the first party held accountable for the accident. Florida’s no-fault system means that your own PIP insurance will cover a portion of your medical bills and lost wages up to $10,000, regardless of who was at fault. However, for more serious injuries—such as broken bones, long-term disability, or permanent scarring—you have the right to pursue a liability claim against the at-fault driver.
The Rental Car Company
Under the Graves Amendment, rental companies like Enterprise, Hertz, or Budget are generally shielded from liability unless they acted negligently. That means you can’t usually sue the rental agency unless they failed to maintain the vehicle properly or knowingly rented it to an unqualified driver. For example, if the car had worn-out brakes or tires and that defect contributed to the crash, the rental company may share responsibility.
The Driver’s Personal Insurance
Some rental car drivers carry personal auto insurance policies that extend to rented vehicles. If this applies, their insurer may cover your damages. However, this coverage often comes second to the rental company’s policy and may offer minimal limits.
The Rental Car Insurance Policy
Most rental companies provide basic liability coverage that meets Florida’s minimum legal requirements. Some renters opt for additional coverage like Supplemental Liability Insurance (SLI), Collision Damage Waiver (CDW), or Loss Damage Waiver (LDW), which may provide more protection—but whether those policies apply to your injuries will depend on the specific terms and conditions of the rental agreement.
Your Own Uninsured/Underinsured Motorist Coverage
If the at-fault rental driver has little or no liability insurance, your UM/UIM coverage may help pay for medical bills, lost income, and other damages. We strongly recommend Bradenton drivers carry this type of protection, especially with so many tourists and out-of-state drivers visiting the area each year.
Florida Laws That Determine Who’s Liable in Rental Car Accidents
Florida’s insurance regulations can significantly affect how a rental car accident case unfolds. As a no-fault state, Florida requires all drivers to carry PIP insurance, but not bodily injury liability (BI) coverage. This means that many rental car drivers—particularly those from out of state—may lack sufficient coverage to pay for your injuries beyond your PIP benefits.
In severe injury cases, Florida law allows you to step outside the no-fault system and file a personal injury claim for full compensation. Qualifying injuries include:
- Permanent or significant loss of an important bodily function
- Permanent disfigurement or scarring
- Death
These thresholds often apply in rental car crashes involving high speeds or unsafe driving by unfamiliar tourists navigating Bradenton’s roadways.
Common Challenges in Rental Car Injury Cases
If you’ve been injured by a rental car driver, expect complications. One of the biggest hurdles is determining which insurance policy applies—the driver’s, the rental company’s, or your own. Many rental drivers are from out of state or even international visitors, making it difficult to gather insurance information or pursue claims across state lines.
Insurance companies involved in these cases often point fingers at each other, trying to deny liability or delay your compensation. Overlapping policies and vague rental agreements make it easy for them to drag their feet. That’s why it’s critical to consult an attorney immediately after your crash—especially in a tourist-heavy area like Bradenton, where these situations happen often.
Why You Need an Experienced Bradenton Injury Attorney
At Goldman, Babboni, Fernandez, Murphy & Walsh, we understand the unique legal and logistical challenges of rental car accidents in the Bradenton area. As a local firm with decades of experience, we’ve dealt with every major rental car company and know how to hold them accountable. We take the pressure off your shoulders by:
- Identifying all available insurance policies and coverages
- Managing communication with multiple insurers
- Gathering evidence and witness statements
- Fighting for maximum compensation—including pain and suffering, lost wages, and future medical care
- Preparing your case for court if a fair settlement isn’t offered
Our Bradenton-based team has helped countless clients recover damages from complex multi-party rental car accidents. Whether you were hit on 14th Street West, U.S. 41, or during a beachside trip on Anna Maria Island, we’re here to help you navigate the process.
Act Fast After a Bradenton Rental Car Crash
Time is of the essence. Rental car accident claims require fast action to preserve evidence, meet legal deadlines, and avoid insurance games. Don’t let the rental company’s lawyers or the insurance adjusters take advantage of your confusion. The sooner you act, the stronger your case will be.
Call Bernard Walsh at Justice Pays – Your Bradenton Rental Car Accident Attorney
If you’ve been injured by a rental car driver in Bradenton, Sarasota, or the surrounding areas, reach out to Bernard Walsh and the team at Goldman, Babboni, Fernandez, Murphy & Walsh. We offer free consultations, and you pay nothing unless we win your case. Our attorneys are available 24/7 and ready to fight for the compensation you deserve.
Call us today at 941-752-7000 to schedule your free case review. Let us take care of the legal process so you can focus on healing.
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