Hit by a Tourist in a Rental Car on the Courtney Campbell Causeway: Whose Insurance Pays?
The Courtney Campbell Causeway carries commuters, beachgoers, and plenty of out-of-town drivers who picked up a rental car at the airport an hour earlier. They may not know the road, and they may not know much about the policy behind the car. If one of them hits you, the question of who pays has more layers than a typical two-driver crash.
Start With the Rental Agreement
Florida sets a default rule in section 627.7263, Florida Statutes. The liability and personal injury protection insurance covering the company that rents out the vehicle is primary, unless the rental agreement says otherwise in at least 10-point type on its face. A rental company that wants the driver’s own coverage to be primary must include specific statutory language in the agreement.
That means two cars that look identical on the road can lead to different first stops for a claim, depending on what the paperwork says. A visitor’s insurer from another state may be asked to respond first if the agreement points that way, and that insurer’s policy terms then matter.
The Owner’s Liability Is Capped
Section 324.021(9)(b)2., Florida Statutes, addresses a rental company treated as the owner of a vehicle rented for less than a year. Its exposure is generally limited to:
- $100,000 per person for bodily injury
- $300,000 per incident for bodily injury
- $50,000 for property damage
If the renter or driver is uninsured, or carries less than $500,000 in combined liability coverage, the statute allows up to an additional $500,000 in economic damages against the rental company. That amount is reduced by what is recovered from the driver and any insurance covering the driver. The statute also says it does not affect the company’s liability for its own negligence, such as renting a car with known brake problems.
Why Visitors Complicate Things
A tourist driving a rental in Clearwater may have:
- Coverage purchased at the rental counter
- A personal auto policy from another state
- Credit card benefits that mostly protect the renter rather than injured third parties
- Little or no coverage at all
Each source has its own limits and conditions, and sorting them out can take time. The visitor may also head home soon, which makes it harder to gather statements and records. Details such as the rental agreement, the driver’s policy, and the crash report can all affect which coverage applies.
Your Own Coverage Still Matters
The rental company’s cap does not erase your own policy. Your PIP coverage under section 627.736 may be the first source for your medical bills regardless of who caused the crash, and uninsured or underinsured motorist coverage may help if the available liability limits fall short.
Can a Tampa Car Accident Attorney Help Me?
Rental cases involve a company, a driver, and often multiple insurers, so the questions can pile up quickly. The Tampa car accident attorneys at Anderson & Anderson regularly work through coverage puzzles like this one for people hurt in Clearwater and across Pinellas and Hillsborough counties. If a rental driver injured you, let us look at the agreement and the policies with you.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.7263.html leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/Sections/0324.021.html
