Victims of rental car accidents in Miami face serious injuries, insurance issues, and unexpected financial stress. If you suffered an injury in a crash involving a rental vehicle, our experienced car accident attorneys at Kaire & Heffernan are here to help.
Our lawyers understand state injury and insurance laws as well as how to identify liable parties. We will investigate the crash, establish liability, and initiate a compensation claim. You can call us today for more information.
Miami rental car collisions present unique challenges that complicate the claims process. The state’s no-fault insurance laws require drivers to carry personal injury protection, but determining whether your policy or the rental company’s policy applies often causes confusion and delays.
Florida law regarding rental car companies was forever changed on August 10, 2005, as part of the SAFETEA-LU transportation act. The Graves Amendment (49 U.S.C. § 30106) protects vehicle rental and leasing companies from “vicarious liability”. It prevents holding owners liable for accidents caused by renters solely because they own the vehicle. Companies can still be held liable for their own negligence.
Abolishes Vicarious Liability: It eliminates state laws that once held rental companies automatically responsible for accidents caused by customers.
Requires Negligence/Criminal Wrongdoing: To hold a rental company liable, the claimant must prove the company was directly negligent—such as knowingly renting to an unfit driver (negligent entrustment)—or engaged in criminal wrongdoing.
Liability limits are $10,000.00/$20,000.00 unless the renter purchases excess coverage or the renter has his own insurance policy.
Liability disputes become more complex when rental agreements include damage waiver clauses that may conflict with your personal auto insurance coverage. Many travelers decline rental insurance, assuming their credit card provides adequate protection, only to discover coverage gaps after an accident.
Additional complications arise from rental companies’ aggressive damage claim practices, where pre-existing vehicle damage is sometimes attributed to the current renter. The city’s high tourist traffic also means dealing with out-of-state or international drivers, creating jurisdictional issues and communication barriers.
Rental agreements often contain mandatory arbitration clauses and liability limitations that restrict your legal options. Our attorneys will help you understand your legal options for compensation following a crash.
The value of a Miami rental car crash claim is strongly influenced by the strength of available evidence. Our lawyers will use clear, well-documented proof to establish liability and damages.
We will use the following sources of evidence to enhance the value of your claim:
More severe injuries typically result in higher claim values. Serious injuries often require extensive medical treatment, long-term care, or permanent accommodations. Our attorneys can demonstrate how the severity of injuries increases medical costs, pain and suffering, and long-term financial impact.
The insurer of the negligent party is the source of compensation for the injured victim. Therefore, the at-fault party’s coverage limits determine how much you will receive for your losses.
A negligent party who holds the minimum auto coverage can restrict how much you receive for your losses. Likewise, an at-fault party with a higher coverage limit can enhance your ability to recover for your losses.
Effective legal representation also has an impact on a car accident claim. Our skilled attorneys will enhance the claim by:
The length of recovery affects how much you receive for your losses. Longer recovery periods often indicate more serious injuries and greater life disruption. Our lawyers will document ongoing treatment and limitations to ensure these extended losses are fully reflected in the claim’s value.
You may be entitled to compensation if you were injured in a rental car accident due to someone else’s careless actions. Even so, you may face resistance from the negligent party, who may claim you contributed to the crash.
Our injury lawyers at Kaire & Heffernan have years of experience representing injured victims in rental car accidents in Miami. Call or contact us online today.
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