rental car accident

Car Rental Companies and Liability in Florida

Published on: January 23, 2025 | Anthony Quackenbush, Esq.

A legal doctrine known as vicarious liability assigns responsibility for one person’s actions to another person in certain limited legal relationships, such as parent/child or employer/employee. For instance, if a minor child commits a crime, the parent may be liable; if an employee harms someone in the course of performing his work, the employer may be liable.

Another application of vicarious liability applies in the case of the ownership of a vehicle; when a vehicle is operated by someone other than the owner and it is involved in an accident, the owner of the vehicle can be held vicariously responsible for the accident. Naturally, this created a serious problem for car rental and leasing companies. If a customer caused an accident, the company could be sued, creating a serious financial burden on these companies.

This changed in 2005 when the U.S. Congress passed the Graves Amendment to alleviate what many perceived as an onerous burden on these companies. The Graves Amendment states, in part:

Hit by a Rental Car in Florida – What Should You Do?

Published on: April 3, 2024 | Anthony Quackenbush, Esq.

Florida is the number one tourism state in the country, and many of those millions of tourists every year choose to rent a car. Unfortunately, being in an unfamiliar vehicle in unfamiliar territory is often a dangerous combination, which is why our beautiful state has one of the highest rates of auto accidents in the country. If you are hit by someone driving a rental car, there are a few things you should know.

What to do in the event of an accident

Regardless of who is driving what type of car, there are certain things everyone in Florida should do immediately after an accident and within the subsequent days:

Will Rental Car Insurance Protect You When Renting a Car in Florida?

Published on: March 13, 2024 | Anthony Quackenbush, Esq.

While you are not required to purchase insurance from the rental company, it might be a good idea to do so. Insurance can cover car damage or injury, in the event that you are involved in an accident.

If you have auto insurance already, you may not need to pay for additional coverage from the rental company. Most personal insurance policies cover rental cars, as well. However, check your policy or call the company to confirm and to determine if there are any limits or exceptions – for instance, renting certain types of vehicles or renting for extended periods of time. You may also want to fill in any gaps in your personal insurance with rental insurance.

Types of insurance coverage