Florida is a top tourist destination, so it should come as no surprise that many of the people driving on our roads are unfamiliar with the area. This can create unique challenges and often leads to accidents. The question is, what happens if a tourist or rental car driver causes my crash in Florida?
Why Car Accidents Involving Tourists Are Complicated
Car accidents involving tourists from out-of-state or rental cars can pose several challenges. Rental cars often come with specific rental agreements, and their insurance policies don’t always fully cover all of the costs associated with accidents. Tourists may have different car insurance requirements in their home states. Things can get even more complicated if they are traveling to Florida from outside the country.
In 2025, Florida welcomed 143.3 million visitors across its borders. Of those tourists visiting the Sunshine State, 131.1 million were American, 2.9 million were Canadian, and 9.3 million came from overseas. Many of those visiting the state were driving rental cars or their own vehicles titled and insured in other states. These visitors may be involved in a Distracted Driving Accident, Drunk Driving Accident, Elderly Driver Car Accident, or Leaving the Scene of an Accident.
Insurance Coverage in Rental Car Accidents
There are several types of insurance coverage available to people who rent cars. They include:
- Collision damage waivers. CDWs cover vehicle damage in the event of a crash but not personal injuries.
- Personal accident insurance. PAI covers medical expenses and lost wages for people in the rental car.
- Third-party liability coverage. Liability coverage protects against claims for damage to other drivers’ property or injuries to other people.
Not all rental car drivers have all of these forms of insurance, which can further complicate an already difficult situation.
Florida Insurance Requirements
The State of Florida requires drivers to carry at least $10,000 in personal injury protection (PIP) coverage. Since it is a no-fault state, that PIP coverage is what pays for any minor injuries that occur in an accident, regardless of who caused it.
Accident victims in Florida can receive compensation of up to 80% of their medical bills up to their policy limits and a portion of their lost wages from skipping work to heal from their injuries. PIP coverage does not pay for property damage, nor does it cover non-economic losses like pain and suffering. To use your PIP insurance, you must file a claim within 14 days of the accident. Similar insurance and compensation issues may arise in Medical Malpractice and Medication Error cases.
When You Can File a Claim Against a Tourist or Rental Car Driver
You can file a claim against a tourist or rental car driver if you have sustained serious injuries in the crash. Florida defines serious injuries very narrowly as injuries that cause:
- Significant, permanent loss of essential bodily functions
- Permanent injury other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
If you have sustained a serious injury in a crash with someone from out of state, that person’s insurance should pay for your damages. In these cases, damages can include not just 100% of your hospital bills and lost wages but also non-economic damages like pain and suffering, emotional distress, and loss of consortium. In the event of a fatal crash, surviving family members may also have a Wrongful Death claim.
How a Lawyer Can Help With Your Car Accident Claim
If you need to file a car accident claim against another liable driver, it’s very important that you hire a Florida car accident attorney to help. Your attorney won’t just have a clear understanding of Florida car accident laws. They can leverage their knowledge and experience to negotiate a fair deal with the liable party’s insurance company on your behalf, improving your odds of receiving a fair settlement.
Working with a skilled attorney is a great way to reduce your stress during this difficult time. You can trust your attorney to identify all liable parties and potential damages, gather evidence to support your case, negotiate a fair settlement, and represent you in court if it becomes necessary to get fair compensation. You, on the other hand, can focus on healing from your injuries, including those sustained in a Workers’ Compensation claim.
FAQs
Are You Liable if You Crash a Rental Car?
You are generally liable if you crash a rental car in Florida. You must pay for damage to the car and medical bills. Your PIP auto insurance coverage should help you pay for your own medical bills up to your policy limit. Your liability insurance can cover it if someone suffered a serious injury in the crash and files a claim against you.
What Should You Not Say to an Insurance Adjuster After an Accident?
After an accident, you should not say anything to an insurance adjuster that implies that you are accepting fault for the crash. You should also avoid downplaying your injuries. For example, don’t say things like “I’m fine” when responding to questions about how you are doing. Finally, avoid giving a recorded statement to any insurance company without speaking with a Florida car accident attorney first.
Who Pays for a Rental Car After an Accident in Florida?
Who pays for a rental car after an accident in Florida depends on who caused the crash. If another driver was at fault, that driver’s property damage liability insurance should cover your rental. If you caused the crash, you may need to use your own rental reimbursement coverage if you took out this optional add-on policy.
What Happens if You Don’t Report an Accident in Florida?
If you don’t report an accident in Florida that involved injuries, death, or property damage over $500, you could face hit-and-run charges, fines, and denied insurance coverage. Failing to make a required report always results in a non-criminal traffic fine and points on your driving record. Leaving the scene of an injury or death is a felony.
Hire a Trusted Car Accident Lawyer Today
If you’ve been in an accident with a tourist or someone driving a rental car, you should hire a car accident lawyer right away. The team here at The Caldarone Law Group, P.A., is here to help. We provide personalized service and strategic legal advice to accident victims, often taking on complex cases like those involving rental vehicles. Justin P. Caldarone has been in practice for over 10 years, and in that time, he’s seen it all. Contact our office to schedule a consultation.
