Understanding Liability In Car Rental Accidents In Florida: A Guide

• Published date: 12 July 2023
• Subject Matter: Insurance, Litigation, Mediation & Arbitration, Insurance Laws and Products, Personal Injury
• Law Firm: Kelley Kronenberg
• Author: Ryan Becker

Renting a car is a convenient option for many people, whether for business or personal purposes. While no one expects the worst, accidents can happen, and when they do, questions may arise about who is responsible for the damages and injuries sustained. In Florida, state statute Fla Stat. 627.7263 governs the liability insurance coverage for rental vehicles. However, disputes can arise when insurance companies interpret these requirements differently.

As an adjuster, if you are unsure of whether or not the insured's policy will cover a rental car accident, this article should help you figure out if the accident should be covered. Here are some steps to take if you find yourself in this situation:

1. Look at the Insurance Policy.

It may seem obvious, but an adjuster's first step should always be to review the insurance policy to see what is and what is not covered. It is important to note courts have held that an insurance company must provide personal injury protection (PIP) coverage only if the policy explicitly includes it. Simply put, if the policy does not explicitly say something is covered, then it is not covered.

If you are still unsure of whether or not the claim should be covered, here is a good example from a recent court case: Progressive's policy stated that the rental car was not a "covered vehicle," which is defined as, "any vehicle shown on the Declarations Page, unless the insured asked to delete that vehicle from the policy, any additional vehicle on the date the insured becomes the owner, or any replacement...