After a car accident in Miami, getting a rental vehicle might feel like the least of your problems—until you’re stuck without a way to get to work, take your kids to school, or make it to medical appointments. The insurance process can feel frustrating and slow, and you might not know who’s supposed to cover your rental car while your vehicle is in the shop or declared a total loss.
You’re not the only one asking this question. Rental car reimbursement is one of the most common concerns car accident victims have after a crash. Whether you were hit by a negligent or reckless driver or got caught in a multi-vehicle collision, knowing your options upfront can help you make informed decisions. So, who pays for the rental car after an accident?
Florida’s no-fault system covers injuries, not property damage, so rental car reimbursement usually depends on who caused the crash and what kind of insurance they carry. That starts with knowing what Florida law requires when it comes to paying for repairs and rental costs.
What Florida Law Says About Who Pays
Under Florida Statutes Section 324.022, drivers must carry at least $10,000 in property damage liability (PDL) insurance. This coverage is fault-based so if another driver caused the crash, their PDL should cover your vehicle repairs and rental car costs, up to their policy limit. This is separate from Florida’s no-fault Personal Injury Protection (PIP), which only applies to medical bills and lost wages, not property damage or rentals.
There’s no legal deadline for when an insurer must approve a rental under PDL, and delays are common when fault is disputed or still under investigation. The process often involves:
- Determining fault and confirming insurance coverage
- Getting rental approval from the at-fault driver’s insurer
- Using a rental agency approved by the insurer or submitting your own receipts
Keep in mind that the $10,000 PDL minimum may not be enough to cover extensive repairs or a rental for more than a few days. If the at-fault driver is uninsured or underinsured and you don’t have rental coverage in your own policy, you may need to pay upfront and seek reimbursement later, which isn’t guaranteed.
Using Your Own Insurance for a Rental
If the at-fault driver’s insurance isn’t responding, or if you need a rental sooner than they’ll allow, your own auto insurance company might step in. This depends on your specific policy.
You can typically access rental reimbursement coverage through:
- Your collision coverage (if you have it), which pays for vehicle repairs or replacement
- Your rental car reimbursement add-on, which pays for a rental car up to a daily limit
Keep in mind that rental reimbursement coverage is optional in Florida. If you didn’t elect to add it to your policy, you’ll likely have to pay for the rental out of pocket or seek reimbursement later from the other driver’s insurer through a car accident claim.
If you file through your own policy, you may need to pay a deductible upfront, which you could later recover from the at-fault driver’s insurer. While Florida law prohibits insurers from increasing your rates for non-fault claims (Fla. Stat. § 626.9541(1)(o)), you should still confirm how a claim might affect your premiums.
What If Fault Is Disputed?
Even if it seems obvious that the other driver caused the crash, their insurance company might delay accepting liability until they complete their investigation. In the meantime, you may be stuck without a rental.
If fault is disputed, here’s what to expect:
- You may need to cover the cost of a rental car upfront if the at-fault driver’s insurer refuses to authorize it until they’ve officially accepted liability.
- You can use your own rental reimbursement coverage, if you have it, to avoid the wait.
- You should document all rental-related expenses in case they become part of a lawsuit or settlement.
Disputed liability can also affect how much you’re reimbursed. Even if you haven’t filed a lawsuit, insurance companies may still argue that you were partially at fault and try to reduce your rental reimbursement. Florida’s comparative fault rules give insurers a basis for this if they believe the evidence shows you were partially at fault, but they must have support for that decision and you have the right to dispute it.
This is where a lawyer for auto accident can make a big difference by gathering evidence, pushing for a fair fault determination, and recovering the costs you’ve already had to cover yourself.
What Happens When Multiple Vehicles Are Involved?
In a motor vehicle accident involving three or more cars, determining fault and who pays for the rental can take even longer. Miami’s highways and intersections see their fair share of chain-reaction crashes, especially involving distracted or impaired drivers.
Multi-vehicle claims often involve negotiations between multiple insurance companies, which can delay resolution, especially if they dispute fault or payment responsibilities. Working with a Miami car accident attorney who handles car accident cases regularly can help you avoid being underpaid or unfairly blamed.
Tips for Getting Your Rental Covered Faster
Whether you’re dealing with your own insurer or the other driver’s insurance company, here are some ways to improve your chances of getting rental car reimbursement:
- Request a copy of the police report and give it to the insurance adjuster.
- Ask the rental agency if they bill the insurer directly.
- Save all receipts and rental documentation.
- Stay within your coverage limits (e.g., $30/day for 10 days) to avoid out-of-pocket costs.
If you’re unsure what your policy covers, reach out to your insurer directly or review your declaration page. Don’t assume rental coverage is automatic. Keep in mind that not all rental agencies accept direct billing, and some insurers require written approval before you rent a vehicle. Call ahead to confirm both with the rental company and the adjuster.
Injured in a Car Accident in Miami? Talk to Ward Ruddock
If your accident left you injured, without transportation, or stuck dealing with a slow-moving insurance company, you don’t have to stay in limbo. Your online search for “car accident lawyers near me” brought you here, and you’re in the right place. At Ward Ruddock, we handle auto accident cases throughout Miami-Dade County and represent clients facing real disruption from car crashes, motorcycle accidents, and negligent drivers.
Our trial attorneys have decades of combined experience handling serious personal injury cases and negotiating with insurance carriers who delay or deny valid claims. When you contact us, you’ll speak directly with a personal injury attorney who listens and takes action on your behalf.
Call (305) 390-4259(305) 390-4259 or fill out our confidential online form to schedule your FREE consultation today. We’ll go over your situation, review your options, and talk about the best next steps to pursue full compensation for what you’ve been through.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ward Ruddock
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
(305) 390-4259(305) 390-4259
https://wardruddock.com/
