Rental Car Accidents in Florida: Who Pays When You’re Driving a Tourist Rental?

Ever assumed the rental car company would handle everything after a Florida crash? That’s a costly mistake. Under Florida Statutes § 324.021 and § 627.7263, the driver—not the rental agency—is usually responsible for damages when a tourist is behind the wheel. The Graves Amendment (49 U.S.C. § 30106) further shields rental companies from liability unless they were negligent or failed to maintain the vehicle.

Tourists must rely on their own auto insurance, the rental’s policy, or Florida’s minimum coverage requirements. But insurance gaps are common, especially with out-of-state policies or credit card coverage. If you’re injured or cause damage, you could be personally exposed. Florida’s no-fault rules (see § 627.736) mean you must act fast to file claims, report the accident, and preserve your rights. Missing a deadline or failing to notify insurers can jeopardize compensation or leave you facing out-of-pocket costs.

Many tourists make the mistake of assuming the rental company will step in, or they wait too long to seek legal help. Florida law is strict about reporting accidents and pursuing claims. If you’re involved in a rental car crash, consult a Florida personal injury attorney before speaking to insurers or accepting any settlement. Protect your rights, understand your coverage, and avoid costly errors.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.

Written by:

Gil Sánchez, Esq.
CEO  | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law