Free Case Review Text us

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

What if I am Hit by Someone Who is Driving a Rental Car?

Frequently Asked Questions - What if I am Hit by Someone Who is Driving a Rental Car?

What if I am Hit by Someone Who is Driving a Rental Car?

In 2018 Governor Rick Scott announced that Florida saw more than 116 million visitors in the previous year.  The governor’s office stated almost 102 million were domestic visitors, nearly 11 million visitors came from overseas, and approximately 3.5 million visitors arrived from Canada.  Whether the visitors are here for business or to enjoy our state’s many tourist attractions and beaches, many of them will require transportation.  Therefore, due to the significant number of visitors to Florida each year and their use of rental vehicles it is possibly you or someone you know may be involved in a motor vehicle collision with a driver in a rental car.

Vicarious liability is a legal theory that allows a third party to be held liable for damages even if they are not involved in the accident.  For example, a vehicle owner may be held liable for the damages caused by the negligent operation of his or her automobile by a driver who has been given permission to operate that automobile.  Florida law, however, also places a limit on the amount of money an injured plaintiff can recover from a vicariously liable vehicle owner.   In Florida a vehicle owner’s liability is capped at $100,000 per person and $300,000 per accident for bodily injury.  A vehicle owner’s vicarious liability is also capped at $50,000 for property damages.

In 2011 the Florida Supreme Court held that a rental car company cannot be held liable for the damages caused by a driver of one of their company’s rented vehicles.  The Graves amendment is part of a federal highway bill that became law in 2005.  The amendment essentially barred vicarious liability claims against car rental companies for injuries caused by drivers of their rental vehicles.  The law allowed injured parties to recover damages from a rental agency for damages caused by their customers only if the plaintiff could show that the company’s negligence contributed to the plaintiff’s injuries.  For example, the rental car company could be held liable for injuries caused by the company’s failure to properly maintain the rental vehicle.  In the case Vargas v. Enterprise, the Florida Supreme Court held the Graves amendment preempted a Florida law which allowed rental companies to be held vicariously liable for injuries caused by their customers.  The Florida law stated in part, “The lessor, under an agreement to rent or lease a motor vehicle for a period of less than 1 year, shall be deemed the owner of the motor vehicle for the purpose of determining liability for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury.”  By holding that the Graves amendment preempted the Florida state law, the Florida Supreme Court held that a rental car company is not liable for the damages caused by one of their customers simply because they own the vehicle.

Fortunately, Florida law requires that drivers insured in the state carry personal injury protection (PIP) coverage.  The intention of the personal injury protection coverage law was to provide injured drivers with up to $10,000 in immediately available medical payments coverage regardless of who is at fault for a motor vehicle collision.  Personal injury protection coverage is required to be purchased by all owners of vehicles registered in the state of Florida.  Therefore, if you own a vehicle registered in Florida that is insured according to the law and are involved in an automobile accident with someone who is driving a rental car, you will have immediate access to $10,000 in medical payments coverage.

Personal injury protection coverage generally pays 80% of your medical bills up to the $10,000 limit.  The current statute governing personal injury protection requires the injured party to seek medical treatment within 14 days of a motor vehicle collision.  Failure to seek care within the two weeks following a collision may result in your insurance carrier denying your claim.  Therefore, if you believe you have sustained an injury in a motor vehicle collision it is important that you seek medical care as soon as possible.  Additionally, since personal injury protection coverage only pays 80% of medical bills it will be necessary to obtain the remaining 20%, and any amounts that exceeded the $10,000 in total coverage, from the at fault driver.  An experienced attorney can assist you in negotiating a settlement with the at fault party’s insurance carrier or file a lawsuit against the driver individually in order to be fully compensated for you injury.

Rental car companies will often offer their customers insurance coverage.  Generally, car rental companies will offer liability coverage and collision coverage similar to a personal car insurance policy.  However, many customers choose not to purchase additional coverage and rely solely on a personal car insurance policy.  Out-of-state drivers will generally be covered through the insurance carried in his or her state of residence.  The laws regarding automobile insurance vary from state to state.  Therefore, it is possible that the other driver will not have sufficient coverage to fully compensate you for your injuries.  If you are involved in a motor vehicle accident and the other driver does not carry sufficient insurance coverage, or the driver does not carry any active insurance policy, it will be necessary to bring a civil action against that driver for compensation.

Underinsured and uninsured motorist coverage provides additional protection should you be involved in a motor vehicle accident with someone who is driving a rental car.  Underinsured and uninsured motorist coverage is an addition coverage you can purchase on your own insurance policy.  Such coverage allows for immediate compensation from your own insurance carrier for injuries caused by an uninsured or underinsured driver.  By carrying uninsured and underinsured motorist coverage you will be protected even if the at fault driver does not have sufficient assets to compensate you for your injuries.  Additionally, the at fault driver may still be held liable for your damages.  Should your insurance carrier make payments on your behalf, your insurance carrier may then bring a civil action against the at fault driver to recoup those expenditures.  The underinsured or uninsured motorist coverage, however, makes it possible for you to be compensated for your injuries as soon as possible.



Watch Video


Discover the TRIAL PRO Difference!

Call Now (407) 300-0000

Free Case Review

We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other location that you find more convenient. You are always welcome to come into our office as well. Contact us Today!

Free Case Review Text us

Car Accident Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients.
Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

Personal Injury Law

We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

Car Accident Attorneys

Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Slip and Fall Accidents

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

What Our Clients Say

What Our Clients Say About Our Personal Injury Attorneys

"From the beginning we knew we were in good hands."
Clarence,
Personal Injury Case
Trial Pro got me $491,000
"I wouldn't be where I am today without Trial Pro."
Clarence,
Personal Injury Case
Trial Pro got me $998,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,900,000
"We are really glad that we choose you guys to represent us."
Nicole,
Personal Injury Case
Trial Pro got me $1,000,000
"Trial Pro makes sure you get what you deserve."
Ashley,
Personal Injury Case
Trial Pro got me $795,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,510,000
"When I hired Trial Pro, I didn't have to worry about anything."
Mark,
Motorcycle Accident Case
Trial Pro got me $810,000

Our Personal Injury attorneys have been featured in numerous publications

Call Now (407) 300-0000

Personal Injury Attorneys

Committed to Your Personal & Financial Recovery


Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you cannot travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

Mobirise

Orlando Personal Injury Attorneys

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

Serious Representation
We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
Unmatched Case Results
Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
Committed to Our Clients
It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
Compassionate In & Out of Court
Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

Pursuing Client Victories

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

Free Case Review Text us

 Send Message
* The following info is required

 Our Locations

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

Contact Info

250 N Orange Ave, 14th Floor

Orlando, FL 32801

help@trialpro.com

(407) 300-0000


Our law firm fights aggressively -- always determined to win your case. 

Trial Pro, P.A. Car Accident Attorneys

Trial Pro, P.A.

The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.