I Was Injured by an Out-of-State Driver in a Rental Car. What Should I Do?
The last thing you need is to get struck by another driver while you are just trying to go about your day, especially if it’s an out-of-state driver in a rental car. When this happens, you will naturally wonder who’ll be legally responsible for covering your injuries and property damage. Fortunately, you can still receive compensation. To do so, however, you should do the following to help protect your claim and legal rights.
What You Should Do After Getting Hit by an Out-of-State Driver in a Rental Car
You should do the same things you would in any motor vehicle crash. These include:
- Seeking medical treatment for any injuries
- Gathering evidence at the accident scene
- Notifying your insurer
- Reporting the crash to the police
- Exchanging information with the other driver
Take note that many drivers opt to buy rental car insurance, but some don’t. If possible, ask the out-of-state driver for their rental car agreement and insurance information. You should take down the rental car company’s contact information.
You should also consider getting legal advice from a Tampa car accident attorney because claims involving out-of-state drivers are more difficult to navigate than typical car accident cases. What if the driver is underinsured or uninsured? What if they fled the scene of the crash? If you file a claim against the driver, you will need to serve them legal paperwork, such as the complaint, subpoenas, or discovery requests, among others.
Your attorney can also inform you about what happens next and what your insurer should cover, and what the rental company and out-of-state driver’s insurer should cover.
Liability for Crashes Involving Out-of-State Rental Car Drivers
Which insurance policy pays for the damages in a rental car crash will depend on state law, any applicable insurance policy you have, and the insurance coverage of the liable parties:
Your Personal Insurance Coverage
- Your personal injury protection (PIP) benefits for medical expenses and lost income, up to your policy’s limits
- Uninsured or underinsured motorist insurance
- Comprehensive and collision insurance coverage for vehicle damage
The Out-of-State Driver’s Liability Insurance
You can bring a third-party liability claim against the rental car driver and even recover damages for pain and suffering, which is not covered by your PIP coverage.
Rental Car Company Insurance
All rental cars in Florida must be insured up to the state’s minimum coverage limits. The policy limits may or may not be enough to cover all your damages.
Coverage From Credit Cards
If the driver paid for the rental car using a credit card, they might have insurance through the credit card company. However, coverage limits will differ depending on the specific type of credit card used.
Seek Legal Advice From a Skilled Tampa Car Accident Attorney Now
Car crashes involving out-of-state drivers in rental cars come with certain challenges that don’t usually apply to typical car accident claims. Fortunately, the Tampa car accident attorneys at Matthews Injury Law know all the tactics that liable parties and insurers will use to deny your claim or reduce your payout. To discuss your case and arrange a free consultation with our Tampa car accident attorney, call 813-530-1000 or contact us online.