How Do I Get a Rental Car After an Accident in Florida?
October 15, 2024 – Adam Mann
Being involved in a car accident is hard enough, especially when you sustain serious injuries. As a Hollywood car accident lawyer knows, the situation is compounded when injury victims have their cars totaled and towed away.
If you have been in a car crash resulting in a totaled car, you may be asking, “How do I get a rental car after an accident in Florida?”
It’s a critical question, especially when major insurance carriers won’t pay for one. Unfortunately, even if you have a policy with an insurance company, you may have to cover the cost of a rental car with your own money.
This blog, from an experienced Florida car accident lawyer, explains the nuances of rental car coverage after South Florida car accidents. Whether you lack collision coverage or received a denial from the other driver’s insurance company or your own insurance company, our personal injury law firm seeks to provide clarity and support.
Do you need immediate assistance pursuing compensation for your car accident injuries? Contact us to schedule a free legal consultation at (954) 983-7100.
At Cohen & Cohen Law, we are here to be the experience you need and the representation you can trust with your car accident claim.
Your Own Insurance Company
Florida generally requires you to purchase separate rental coverage on your car insurance policy if you want coverage for a rental vehicle after a car crash. As auto accident attorneys can tell you, under most Florida auto policies, collision and comprehensive coverage will not include your rental car. Most likely, your rental car coverage only pertains to a like-in-kind vehicle, or covers up to a specific amount for a specific number of maximum days.
Our experienced legal team often sees policies that include rental coverage with limits like “up to $30 per day” and “for a maximum of 30 days.” Some policies will pay for the rental car directly, while others will only reimburse you after you pay for it. Your insurance policy dictates the amount of coverage. That’s why reviewing the details of your policy before obtaining a rental car is so important. Often with car accident cases, your insurance company can set up the rental car for you once they verify coverage.
Florida Law and the Obligations of the At-Fault Driver and Their Insurance Company
As an experienced personal injury attorney knows, Florida law allows car accident victims to recover property damage from a negligent driver and lists rental car costs in the definition of damages. The Florida Supreme Court Standard Civil Jury Instruction 501.2(h) specifically provides for recovery of property damage, including loss of use of property such as a motor vehicle, stating:
“h. Property damage:
Any damage to [his] [her] [its] (identify automobile or other personal property). The measure of such damage is:
[the difference between the value of the (name property) immediately before (incident complained of) and its value immediately afterward.]
[the reasonable cost of repair, if it was practicable to repair the (name property), with due allowance for any difference between its value immediately before the (incident complained of) and its value after repair.]
You shall also take into consideration any loss to (claimant) [for towing or storage charges and] by being deprived of the use of [his] [her] [its] (name property) during the period reasonably required for its [replacement] [repair].”
If the at-fault driver has property damage coverage, their insurance company may cover the cost of your rental car. In Florida, this property damage claim is called “loss of use.”
However, keep in mind that Florida law entitles you to a like-in-kind vehicle, meaning the same car damaged in the auto accident. For example, if you were driving a luxury SUV you owned, the insurance company cannot offer you a two-door hatchback. They must offer you the same car you lost. If you decide not to get a rental car, you could potentially pursue monetary damages for loss of use. For example, if your luxury SUV cost $400.00 a day to rent on average, you should receive $400 per day in damages for each day you could not drive your vehicle (because a mechanic was repairing or you were trying to replace it) regardless of whether you rented a car.
If a car accident damages your vehicle to the point of needing repairs, you should be able to rent a car for the amount of time it takes to fix it. If your vehicle was a total loss, you could potentially rent a car for the reasonable period of time it takes to replace your vehicle. However, if the insurance company refuses to honor your claim or tries to offer you a lesser vehicle than the one that was involved in the auto accident, keep all copies of your rental receipts and all communication with insurance adjusters.
You may also face problems with limited coverage, meaning the at-fault driver’s policy does not have enough money to pay for your rental. Florida law only mandates $10,000.00 in property damage coverage at minimum. If a driver with the minimum of $10,000.00 causes an accident with property damage over $10,000.00, such as a total loss accident or for crashes involving several vehicles, it’s likely that there may not be enough money left over for a rental car after repairs or replacement to damaged vehicles.
Should I Pay for a Rental Car After My Accident?
If your insurance policy does not include coverage for a rental car and the other driver’s insurance company denies your claim, you can still pay out of pocket for one. Remember to keep all the paperwork and receipts in case you need to seek reimbursement later.
A Hollywood Car Accident Lawyer Explains Potential Out of Pocket Costs
Even if you have rental car coverage or if the other driver’s insurance company agrees to pay for your rental car, be alert for potential out-of-pocket costs. Rental car companies will persuade you to purchase extras like insurance, collision damage waivers, and other items that are generally not covered. While it may be a smart decision to purchase these additional coverages under specific circumstances, generally speaking, insurance companies only cover the cost of the rental car itself. Likewise, gasoline is the renter’s responsibility.
What Does the Law Say?
As experienced Hollywood car accident lawyers can attest, Florida Supreme Court Standard Civil Jury Instruction 501.2(h) allows a plaintiff to recover the difference between the value of property immediately before an automobile accident and its value after repair, i.e. “diminished value,” when caused by the negligence of another. Florida Supreme Court Standard Civil Jury Instruction 501.2(h) states:
“h. Property Damage. Any damage to [his] [her] [its] (identify automobile or other personal property). The measure of such damage is:
[the reasonable cost of repair, if it was practicable to repair the (name property), with due allowance for any difference between its value immediately before the (incident complained of) and its value after repair.]”
Hollywood Car Accident Lawyers Outline Your Legal Rights and Responsibilities
The Rights of Car Accident Victims
- If you’re not at fault for a South Florida car accident, your options for obtaining a rental car depend on your own insurance coverage, the at-fault driver’s insurance coverage, and your willingness to pay out-of-pocket and seek reimbursement later.
- If covered by insurance, you are entitled to reimbursement for your rental car expenses, up to the specific coverage limits set by your policy or the at-fault driver’s policy.
The Responsibilities of Car Accident Victims
- Obtain Police Reports: Contact the police immediately if you have sustained car accident injuries or property damage. Regardless of the severity, inform your insurance company within the timeframe specified in your policy.
- File Your Car Accident Claim in a Timely Manner: Submit any claims for damages, including rental car expenses, within the deadlines stated in your insurance policy.
- Control Costs: Make a reasonable effort to keep expenses under control. Choose a rental car comparable to your own vehicle in terms of safety, size, and basic features. Avoid unnecessary upgrades or extended rentals.
Remember, always consult an experienced Hollywood car accident lawyer for specific advice about your individual situation and applicable laws.
After Your Hollywood Car Accident: Tips for Dealing with Insurance Companies
- Know Your Policy: Before you contact the insurance company, make sure you understand the specifics of your coverage.
- Documentation is Critical: Keep detailed records of all correspondence with insurance companies, including dates, times, and summaries of conversations.
- Be Persistent but Patient: Insurance processes can be slow. Follow up regularly but allow time for processing.
- Negotiate: Don’t hesitate to negotiate with the insurance company, especially if you feel they are not offering fair compensation.
- Seek Legal Representation: If you’re facing significant challenges or unfair practices, consult a Hollywood car accident lawyer who can explain your options and protect your rights.
- Use Clear, Concise Communication: When discussing your claim, be clear and concise. Stick to the facts and avoid unnecessary details.
When to Consider Hiring an Attorney
Challenges with Insurance Companies
If the insurance company is giving you a tough time after your auto accident, especially pertaining to rental car coverage, it’s time to consult a Hollywood car accident lawyer. The Hollywood car accident lawyers at our law firm help our clients work through challenges like denied claims, delayed responses, and offers that don’t adequately cover their expenses.
How Can Car Accident Attorneys Help?
- Experience in Insurance Law: Car accident attorneys with profound knowledge of insurance law and experience with car accident cases can navigate the complex legal landscape while protecting your rights. Our personal injury law firm has helped countless clients in these types of cases, and we’re ready to help you, too.
- Negotiation Skills: Car accident lawyers possess excellent negotiation skills and can communicate effectively with insurance companies when pursuing fair compensation.
- Investigation and Evidence Gathering for Broward County Auto Accidents: An experienced personal injury attorney knows how to gather crucial evidence to support your claim, such as accident reconstruction, witness statements, and expert testimonies.
- Handling Paperwork and Legal Formalities: Dealing with insurance claims involves a lot of paperwork and legal procedures. An auto accident attorney can handle these aspects, allowing you to focus on your recovery.
- Contesting Denied Claims: If your claim has been unfairly denied, your car accident attorney can challenge the decision and argue your case.
- Representation in Court: Should your case go to court, experienced legal representation is vital. A Hollywood, FL personal injury attorney will prepare and present your case, striving for the best possible outcome.
When to Contact a Broward County Personal Injury Attorney
- After a Denied Claim: If your claim for a rental car or other damages is denied.
- If You’re Offered an Unfair Settlement: Before accepting any settlements that seem inadequate.
- When Facing Delays: If the insurance company is unreasonably delaying your claim.
Being involved in an accident in and around Hollywood, FL can inflict severe physical and emotional pain, incur medical expenses, and result in lost wages due to an inability to work. If you have suffered serious car accident injuries, the last thing you want to do is pursue compensation for a rental car without the knowledge, guidance, and support of skilled personal injury lawyers.
Trust the Knowledgeable & Experienced Hollywood Personal Injury Lawyers at Cohen & Cohen Law to Protect Your Rights and Pursue Compensation After a Car Accident
Have you sustained severe injuries in a Broward County car accident? Are you seeking a dedicated legal team to represent you? At Cohen & Cohen Law, our mission is to help the injured heal physically, financially, and emotionally from devastating accidents through exceptional legal representation and compassionate care. Founded in 1970, we’re proud of our over 50 years of experience serving South Florida car accident victims. Let a Hollywood car accident attorney from our firm pursue fair compensation so you can focus on healing. Call us at (954) 983-7100 or complete our online form to schedule a free consultation.
Copyright © 2024. Cohen and Cohen Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Cohen and Cohen Law
4000 Hollywood Blvd penthouse 705s
Hollywood, FL 33021
(954) 983-7100
https://www.cohenandcohenlaw.com
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