Yes, there are some situations where you can file a lawsuit against a rental car company for an accident in Florida.
However, in most cases, the driver of the rental car has accepted responsibility for the vehicle. In these cases, they or their insurance company will be held liable for the car accident, not the rental company.
Situations When You May Be Able to Sue a Rental Car Company
Florida is a no-fault state for auto accidents, which means for most accidents you will deal with your own insurance company, not the other driver’s. However, there are a few situations where the insurance company could be held liable.
For example, a situation where the rental company knew a car had a very worn tire. If an employee marked the issue down in a report after checking over the car, there is proof the company knew of the problem.
Then, if the manager decides to rent that car out to another driver without having the tire repaired or replaced; as a result, the tire blew out on an interstate, causing their car to go into a tailspin, hitting your car, and injuring you.
This example is complex for a reason—it is incredibly difficult to prove negligence on the part of the rental company in most cases.
To prove the rental company was negligent, we must show:
- The insurance company was aware of a safety issue.
- They chose not to fix the safety issue.
- They then rentedthe unsafecar to another driver.
- That driver then had an accident, which was caused by the rental company’s negligence.
- You were injured due to that accident.
As you can see, proving liability in these cases is incredibly difficult.
If you sustained injuries in a car accident in Florida, our team can help. We work hard to prove liability and hold the at-fault person or party responsible for their actions. Contact Chalik & Chalik Injury Lawyers today at 855-529-0269 to discuss your case.
Other Liable Parties in a Rental Car Company Accident
After a car accident, you are in pain and overwhelmed. You want to hold the person responsible for your injuries liable for their actions. We understand how challenging this time can be.
While we cannot determine who is liable without discussing the details of your accident in person, there are several other possible liable parties.
The Other Driver
If there was another driver involved in your accident, they may be held liable for your damages. However, since Florida is a no-fault state, your own insurance company pays for your damages in most situations.
A Parts or Vehicle Manufacturer
In some cases, the maker of a car part or the vehicle manufacturer may be held liable for an accident. This may occur if they knowingly allowed the sale of a dangerous part or vehicle.
Damages You May Collect Following a Car Accident
You may be able to recover a range of damages following your car accident, depending on the details of your case. Common damages collected after a car accident include:
- Medical Bills: Including the cost of doctor’s appointments, hospitalization, pain medication, and long-term therapies such as physical therapies.
- Lost Wages: If you are unable to work for some time, you may recover your lost income, including wages and benefits.
- Personal Property: You may be able to recover the cost of repair or replacement of your vehicle or other personal property damaged in the accident.
- Pain and Suffering: In some cases, you may be able to recover compensation for the pain and suffering you experienced due to the accident.
Contact a Personal Injury Lawyer in Florida Today
If you were injured in a car accident, you may have questions about who is responsible for your damages. A personal injury lawyer in Florida can guide you through the legal process, including determining who can be held liable for your injuries.
You have the right to recover damages. We will help you file a lawsuit against a rental car company following an accident in Florida. Contact Chalik & Chalik Injury Lawyers today at 855-529-0269 for a free review of your accident case.