A rental car accident in Florida raises insurance questions that most people have never thought about before. You rented a car, someone hit you — or you got into a crash — and now you are trying to figure out who pays. The answer depends on several overlapping sources of coverage, a federal law called the Graves Amendment, and the specific facts of how the crash happened. Here is what you need to know.
The Graves Amendment and Rental Car Accident Liability
Federal law changed the rules for rental car liability in 2005. The Graves Amendment, codified at 49 U.S.C. § 30106, prevents states from holding rental car companies vicariously liable for accidents caused by their customers. Before this law, Florida’s Dangerous Instrumentality Doctrine made vehicle owners liable for injuries caused by anyone they allowed to drive their vehicles — and that included rental companies.
Today, a rental company like Enterprise or Hertz is not automatically responsible when a renter causes a crash. The company’s liability is limited to the state’s minimum financial responsibility requirements — in Florida, $10,000 per person for bodily injury. However, if the rental company itself was negligent — for example, renting a vehicle with known mechanical problems — it can still be held liable without a dollar limit.
What Insurance Actually Covers
When you are in a rental car accident in Florida, coverage typically comes from several possible sources:
- Your own auto insurance policy: Most standard policies extend collision, liability, and uninsured motorist coverage to rental vehicles. Check your declarations page before assuming you have no coverage.
- Credit card benefits: Many major credit cards offer secondary rental car collision coverage when you charge the rental to the card. This typically covers damage to the vehicle, not your injuries.
- The rental company’s optional coverage: Collision damage waivers (CDW) and supplemental liability insurance sold at the counter can fill gaps, though they are often overpriced.
- The at-fault driver’s coverage: If another driver caused the crash, their bodily injury liability insurance is the primary source for your medical bills and other losses.
If the other driver has no insurance or not enough, your own uninsured motorist coverage applies even in a rental car. This is one of the most important and overlooked protections Florida drivers have.
Steps to Take After a Rental Car Accident in Florida
What you do after the crash directly affects your claim. First, call 911 and get a police report — this documents the facts while they are fresh. Photograph the damage to both vehicles, the scene, and any visible injuries. Get the names and insurance information of everyone involved.
Notify the rental company as required by your agreement, but do not sign anything or accept any payment before talking to an attorney. Rental companies sometimes seek reimbursement for vehicle damage in ways that conflict with your legal rights.
An Orlando car accident attorney can sort out which insurance policies apply, in what order, and what total compensation you are entitled to. Florida’s financial responsibility requirements for rental vehicles are governed in part by Florida Statute 324.021, and understanding those minimums matters when stacking coverage sources. The tourist rental car accident attorneys at Martinez Manglardi regularly handle these cases — including crashes involving out-of-state visitors and international tourists unfamiliar with Florida law. They also handle rideshare accident cases where vehicle ownership and insurance questions are similarly layered. These cases involve multiple insurers and coverage disputes that are genuinely difficult to navigate without legal help.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida, including Orlando, Kissimmee, Apopka, Palm Bay, Ocala, Haines City, and Davenport.
