What Do I Do If I’ve Been Injured In A Rental Car Accident?

Whether you are taking a business trip or going on the road trip of your dreams, a car accident in a rental car can be really stressful. After the accident, you may be left wondering how do you report the accident? Who pays for the car? Who pays for your injuries? At , Goldman, Babboni, Fernandez, and Walsh, we’ve seen all kinds of car accidents in our decades of legal experience. Accidents with rental cars can seem very confusing for our clients, but overall they work very similarly to a regular car accident. It all comes down to the details of the accident and the type of insurance coverage. Here’s what to do if you’ve been injured in a rental car accident.

Get Medical Treatment Immediately

If your injuries are severe, you need to go to the hospital immediately following an accident. Everything else can wait when you are injured. The most important thing you need to worry about is protecting your health and safety.

What To Do At The Scene Of The Accident

If your injuries are not severe enough that you need immediate medical attention there are some first steps to take after the car accident:

• If necessary, move your vehicles to a safe area
• Call the police and file an accident report
• Exchange information with the other driver and any witnesses
• Take pictures of the accident, the road, injuries, and any property damage
• Contact the rental car company and let them know what happened and ask how to proceed next
• If your insurance company provides rental car insurance, contact them and let them know about the accident and ask how to proceed

In most cases, the rental car company will instruct you on how to proceed through the claim process.

Who Pays For The Damages After A Rental Car Accident?

Once you’ve filed the claim, the next step is to establish liability to determine who pays for the damages. In Florida, rental car companies are not held accountable for accidents by default. There are exceptions to this rule such as mechanical failures that caused the accident, but in general, it will be covered by the drivers involved in the accident. If you bought the full coverage insurance when you rented the car, most likely you will not have to worry. However, if you did not, the determination of who pays depends on who is at fault.

Determining Fault In A Rental Car Accident

Florida is basically a split fault state, meaning that when you are in an accident insurance companies and courts split the fault between the two drivers. They do this on a percentage system, meaning if they determine that you are 10% at fault and the total damages are $10,000, you only receive $9000. This applies exactly the same with rental cars. That is why after an accident with a rental car it’s critical you hire an attorney to make sure that you don’t end up having to pay out of pocket for the damages to the rental when the accident wasn’t your fault.

How An Attorney Can Help In A Rental Car Accident

First, since there are multiple insurance carriers at play from your insurance company, to any supplemental insurance coverage you got through the rental company or even your credit card, an attorney will help you determine where to make the claim. Secondly, an attorney can help provide liability in an accident, so you aren’t having to cover damages you didn’t cause. Finally, an attorney will fight for a fair settlement to cover both your injuries and the cost of repairs to the rental car.

At , Goldman, Babboni, Fernandez, and Walsh, we have helped hundreds of South Florida drivers after a rental car accident. Our legal knowledge and expertise can help ensure you are protected after your accident. Give us a call today for a free case evaluation to learn how we can help you.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


Law Offices Near You

Sarasota Office



2822 University Parkway Sarasota Florida 34243

Bradenton Office



1215 Manatee Ave West Bradenton Florida 34205

St. Petersburg Office

St. Petersburg


6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office



9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office



3986 S. Tamiami Trail Venice Florida 34293

Englewood Office



2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda


122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte


3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office



10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers


8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office



5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.