What Happens If You Get into a Car Accident in a Rented Car in Miami?
Renting a car is sometimes stressful, especially if you are on vacation or in a hurry. If you were involved in a car accident while you were driving a rental car, there are plenty of concerns regarding the property damage, but your primary concern should always be any injuries you face. If you were the victim of a rental car accident, you may be able to take the at-fault party to court or file a claim against their insurance, regardless of whether you purchased the rental company’s “extra insurance.” Talk to a Miami car accident lawyer like Prosper Shaked today to discuss your case.
How to Get Compensation for a Car Accident in a Rental Car
Your ability to claim compensation after being injured in a car accident is not based on whether you own the car involved. Even if you are a passenger or a pedestrian in a car accident, you can still recover compensation from the at-fault driver. Similarly, you can still seek compensation if you were injured while in a rental car.
Florida is a no-fault insurance state. That means that every driver is required to carry insurance that can cover them in case of property damage to their car or personal injury in a car accident. This insurance has at least $10,000 of “Personal Injury Protection,” which covers you regardless of who caused the accident. However, if your injuries are more severe and are “permanent” in nature, or if the medical bills will cost more than $10,000, you can take your case to court instead. This is common with serious injuries like traumatic brain injury and spinal cord injury, but also for whiplash injuries and other common car accident injuries.
When your injuries are too severe for your PIP to cover, you can reach beyond your own insurance and have the at-fault driver cover your needs. This could entitle you to have your medical expenses fully covered, have any missed wages reimbursed, and to receive direct compensation for your physical pain and mental suffering. The at-fault driver is personally responsible for these kinds of damages in court, but their own insurance might cover them and pay the damages.
Insurance companies, especially the ones who represent that at-fault driver in a car crash, tend to try to pay as little as they can after an accident. In a serious accident, the insurance company might not offer you enough to cover your needs, and you may need to take your case to court to receive full compensation. Always talk to a car accident lawyer about how much your case is worth before accepting any money from your insurance or the other driver’s insurance.
Rental Car Insurance and Compensation for Injuries and Property Damage
If you are involved in a car accident in a rental car, the liability for any damages above a certain limit will be paid by the at-fault driver. When you rent a car, your own insurance usually continues to cover you – but check your auto insurance policy first to make sure. The rental company may also ask you if you want to pay for additional insurance to cover other damages to the car. This insurance is helpful if you cause damage to the car, by either causing an accident or driving the car a bit too hard. However, if you were the victim of a car accident, you may not need to worry about additional insurance. Since you can sue the at-fault driver for damages beyond what your PIP covers, you can demand compensation for any injuries and property damage.
Your personal injuries are usually the focus of any car accident case. While the damage to the vehicle might be expensive – and is certainly important – your lawyer’s focus should be ensuring that you have sufficient payments to cover your medical costs, the cost of any lost wages, and your pain and suffering.
Your rental agreement may make you liable for any damage the car suffers while it is in your care. Additional insurance can help lift this burden by paying for any property damage no matter what state you return the car in. However, if you file a lawsuit against the at-fault party for your injuries and property damage, that lawsuit can likely cover the damage to your car as well – whether it be your own car or a car you rented.
Florida’s no-fault car insurance usually pays some damage before fault is determined. However, you will not receive any payments or benefits beyond the PIP until you prove the other driver was at fault. Always be sure to write down as much information as you can regarding where the accident happened, who was involved, who was violating any laws, and what witnesses and other evidence are available. This will help you prove your case in court.
Miami Car Accident Lawyer with Free Consultations
If you or a loved one was injured in a car accident in Miami, talk to an attorney today. Miami personal injury lawyer Prosper Shaked represents the victims of car crashes and their families, and he fights to get them compensation they need for their medical bills, lost wages, and pain and suffering. For a free consultation on your case, contact The Law Offices of Prosper Shaked today at (305) 694-2676.