What If the Car That Hit Me in a Hit and Run Was a Rental?

If you were hit by a rental car in a hit-and-run, you may still be able to recover compensation. Liability could fall on the driver, the rental car company, or your auto insurance. Having a skilled attorney in such cases can further help you trace the rental vehicle and hold the negligent driver accountable.

At Todd Miner Law, we have extensive experience handling complex rental car accident cases involving hit-and-run drivers. Our team understands the legal challenges these claims have, from identifying the at-fault party to dealing with rental car insurance companies. Moreover, we have attorneys from a former insurance company who help us in supporting your claims. Call us at 407-894-1480 and let our firm handle your hit-and-run case confidently.

What Should You Do If the Hit and Run Driver Was in a Rental Car?

If the hit-and-run driver was in a rental car, report the incident to police immediately and provide any vehicle details you have. Then, contact the car rental company and your auto insurance provider. Most rental companies carry the records of car renters, which can help identify the at-fault driver and support your insurance claims.

Here’s the detail of each step that will help you strengthen your case and improve your chances of receiving compensation:

1. Call the Police Immediately

Under Florida Statute §316.062, any accident involving injury or property damage must be reported immediately. A police report is essential for legal documentation and helps when you file a claim with your insurance company.

2. Document the Scene

Take clear photos of the vehicle damage, the scene, and any signs left by the other driver. Look for cameras or witnesses nearby. This evidence can support your insurance claims and may help the insurance providers identify who rented the car.

3. Notify the Rental Car Company

Make sure to immediately contact the car rental agency and provide all the information you’ve gathered. Although rental companies are not liable unless they are negligent. Still, they can share the rental agreement, insurance information, or GPS data to help you find the driver.

4. Contact Your Auto Insurance Provider

Florida is a no-fault state under Statute §627.736, which means your personal auto insurance policy or PIP coverage pays your medical expenses. If the rental company driver is not found, your own insurance company may offer uninsured motorist coverage for your damages.

Who Is Liable for a Hit-and-Run Accident with a Rental Car?

The car driver is typically liable for a hit-and-run accident, even when driving a rented vehicle. Liability may even extend to the car rental company, especially if there’s a mechanical fault or poor maintenance involved. In such cases, rental insurance coverage plays a key role in determining financial responsibility.

Moreover, in a hit-and-run collision involving a rental car, determining liability depends on who was driving and the terms of the rental agreement. Here are a few possible cases:

• If the renter caused the crash and fled the scene, they may face criminal charges and full financial responsibility.
• When a rental car driver hits you and flees, they’re held responsible for your damages.
• If there was negligence in vehicle maintenance or documentation, the driver’s rental insurance or even the rental company would be held liable.

However, to prove liability, it’s important to gather essential evidence and report the accident immediately. Also, if possible, exchange contact information with the other driver. This can help you file a claim against the rental agency or your auto insurance provider.

How Does the Graves Amendment Affect Liability in Rental Car Accidents?

The Graves Amendment protects rental companies from being held liable when an accident happens due to the renter’s actions. This means victims cannot sue the company just for renting a vehicle to a negligent driver. In such a case, victims can pursue claims against the at-fault driver and their personal car insurance for compensation.

Florida Congress passed the Graves Amendment in 2005 to protect rental car companies from liability for accidents caused by renters. However, if the rental company’s own negligence, like renting an unsafe vehicle or ignoring proper maintenance, contributed to the crash, the Graves Amendment does not apply. In such cases, victims can seek damages through rental car coverage, especially if the renter’s personal insurance policy doesn’t fully cover damage.

Also, if you’ve been injured in a rental car accident and are unsure how the Graves Amendment impacts your claim, Todd Miner Law is here to help. Book your consultation today and let our experienced team help you understand the complexities of rental car liability.

What Challenges Do You Face in a Florida Rental Car Accident?

If you get into a rental car accident in Florida, you may face challenges like dealing with different insurance coverage, determining liability, and dealing with pushback from rental companies or insurers. Delays in compensation, limited coverage, or complications from a hit-and-run can make the process even more stressful.

Here’s the detail of how each challenge makes your rental car accident case more complex:

1. Determining Liability

In many cases, it’s unclear whether the rental car driver or the car rental company is responsible for covering damages. Florida law generally holds the rental car driver liable. However, exceptions may exist, especially under the Graves Amendment and in situations involving negligent maintenance.

2. Insurance Coverage Can Be Confusing

Rental car accidents often involve multiple overlapping policies, such as:

• Car rental insurance
• Collision damage waiver
• Rental coverage
• Personal insurance policy

Each has specific limits, exclusions, and conditions that can delay or deny your claim if not carefully reviewed.

3. Out-of-State Drivers

Florida attracts millions of tourists each year. So, if the driver is from another state or a foreign country, their insurance laws may differ, which may affect coverage limits or liability. Moreover, coordinating between out-of-state insurers and Florida law often delays your claim resolution.

How Does the Rental Auto Insurance Cover Damages?

Rental auto insurance typically covers damages to the rental vehicle, third-party injuries, and property damage, depending on the type of policy purchased. Coverage may also include collision damage waiver, liability coverage, and personal accident insurance, which reduces your financial responsibility in an accident.

Rental auto insurance comes in several forms, which are:

• A Collision Damage Waiver (CDW) waives your responsibility for repair costs in case the rental car is damaged or stolen.
• Liability insurance coverage handles third-party injury or property damage claims.
• Personal Accident Insurance acts as your primary coverage. It helps you pay for your medical bills in a hit-and-run crash.
• Personal Effects Coverage protects your belongings inside the rental car if they’re lost, damaged, or stolen during your rental.

Moreover, if you’re driving in Florida, remember that Statute 627.7263 assigns liability between drivers and rental companies. That’s why it’s important to have our skilled attorney on your side who understands the fine print of insurance policies and rental agreements. At Todd Miner Law, we’ll review your case, explain your options, and fight to protect your rights every step of the way. Contact us for a free case review now.

Can Credit Card Rental Insurance Help with Damages?

Yes, credit card rental insurance provides coverage for damages to a rental car. This coverage applies when you decline the rental company’s collision damage waiver and use your card to pay for the rental. Coverage often includes theft, collision, and towing, but terms vary by card provider.

However, keep in mind, this insurance typically won’t cover liability for injuries or damage to other vehicles or property. Additionally, exotic cars, trucks, and motorcycles are often excluded. Therefore, before relying on credit card rental coverage, check the terms with your issuer. Make sure you meet all conditions, such as declining the car rental company’s insurance and being the primary renter.

How Do Rental Car Agreements Impact Your Accident Claim?

Rental car agreements significantly affect your accident claim by outlining liability, insurance responsibilities, and coverage limits. These terms determine whether you, the rental company, or your personal car insurance bears financial responsibility for damages after an accident.

Most rental agreements clearly describe whether you should purchase rental coverage or if your personal insurance policy extends to the rented vehicle. If you declined the optional collision damage waiver (CDW) and lack sufficient coverage, you may be personally liable for repairs. Additionally, violations like unauthorized drivers or off-road use may cancel your comprehensive insurance coverage entirely.

Therefore, it’s essential to understand your rental contract, especially after an accident occurs, because claims often depend on the specific terms agreed upon at the time of rental. Always review the terms and conditions and consult our attorney if you’re unsure about your rights or responsibilities after a crash.

Find Out How Todd Miner Law Can Help with Your Rental Car Hit-and-Run – Get a Free Case Review Today!

If a rental car driver hit you and fled the scene, you’re probably facing a stressful and complicated situation. Determining whether the rental company, the driver, or your own insurance is responsible can become confusing. Besides this, handling injuries, vehicle repairs, and the pressure of securing rightful compensation can feel impossible without legal support.

At Todd Miner Law, we’ve built a reputation for helping victims in rental car accident cases. We identify and secure the maximum coverage, including hidden benefits in insurance policies or rental agreements. With former insurance company attorneys on our team, we know how to tackle the situation when insurers try to minimize your claim. Visit us at 915 Outer Rd, Orlando, FL 32814, or contact us now at 407-894-1480 to file a claim against the rental company or the at-fault driver.

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