Legal News

Millions of tourists flock to the state of Florida to enjoy its pleasant weather, stunning beaches, diverse underwater activities, and national parks. The state's growing tourism draws a large number of tourists to the area every year. Many tourists rent cars to travel through and explore the state. Accidents often occur when tourists drive a vehicle. They are in a relaxed and casual mood and engaged in other fun activities while driving. Driving becomes riskier when one is in a holiday mood. And, it becomes difficult to determine liability when a tourist is behind the wheel. The crashes are legally more complex when the driver is from another state. At the Injury Assistance Law Firm, our attorneys have won millions of compensation for injured accident victims. We also fight for the local victims who suffer injuries due to the negligence of tourist drivers. If you are in a similar situation, connect with our Best Car Accident Attorney Winter Haven and know your legal rights after a collision. 

What Happens When A Car Accident Involves A Tourist Driver?

Car accidents involving tourist drivers are more complex than those with local vehicles and drivers. These accidents often involve multiple parties, and it takes a careful analysis to determine who is responsible. The case becomes more complex when the driver is from out of state. 

Florida is a no-fault state. According to the Florida Statute § 627.736, car drivers must carry Personal Injury Protection (PIP) insurance. Florida law requires your insurance to cover the medical costs up to $10,000, irrespective of who caused the collision. When injuries are serious, such as long-term injuries or permanent distortion, the victim can file a personal injury claim against the liable party.  

Can the Rental Car Company be held Liable? 

Clearly, any rental car company is responsible for a car crash that involves their vehicle; however, federal law says otherwise. Under the 49 U.S. Code § 30106 Graves Amendment, rental companies, unless their direct negligence caused the accident, are free from obligation. The law doesn’t hold them responsible only because they own the car. Unless the company fails to maintain the car properly or provides a faulty car, the rental car company is not legally responsible for the crash. A direct allegation needs to be proven to hold the company responsible. 

Who Compensates when A Tourist Driver hits you in Florida?

In an unfortunate case when you have been injured in a crash by a tourist driver, you must know who the potential parties are to compensate for the injuries and losses. The coverage options include,

• You own PIP insurance. Under Florida’s no-fault system, your PIP is your first source of compensation. 
• This is different from PIP. If the tourist driver has valid insurance that also covers the rentals, the personal auto policy may compensate for your damages.
• A few car rental companies offer Supplemental Liability Insurance, which can provide coverage in cases where the tourist’s personal policy is insufficient to cover the losses. 
• Coverages play different roles for Uninsured (UM) motorists and underinsured (UIM) motorists. If you have UM coverage, it helps in case the tourist is uninsured or underinsured. 
• If you have paid for the rental car with a credit card and the card includes car rental coverage, it may compensate for property damage. Remember, it covers property damage, not personal injury. 

Understanding these policies requires expert legal guidance. You must speak to a seasoned Winter Haven Car Accident Lawyer after a crash by a tourist driver to understand the critical aspects of the case. 

What If the Tourist Driver is from Another State?

Accidents involving out-of-state drivers are way more challenging. Every state has its own set of rules that govern insurance and liability. A tourist may not be aware of the insurance system or Florida’s traffic laws. Sometimes, a lack of knowledge can lead to confusion. The victim may take legal action against the out-of-state driver if the injuries and losses exceed the PIP limits. According to Florida Statutes § 627.737, victims can file a personal injury claim if they suffer permanent injury or losses. The attorneys collect witness statements, gather the police report, and negotiate with insurance companies to protect your rights and interests.  

What to Do After An Accident Involving A Tourist Driver? 

After you suffer in an accident because of a tourist driver in Florida, you need to take the right steps at the accident scene to protect your rights. 

• Call 911 to report the accident.
• Call for medical attention, even if you feel alright.
• Get information from the rental car driver and the rental agency.
• Take pictures of the accident scene, vehicle damage, and road conditions.
• Speak with the witnesses and obtain their contact information.
• Contact an accident attorney for legal assistance.  

 The accident details are important to note when the victim files a compensation claim against the injuries and losses incurred. 

Average Compensation to Receive After A Car Crash Involving A Tourist Driver

After one is hit by a tourist driver in Florida, and the injuries and losses exceed the PIP limit, you can recover compensation for:

• Medical expenses (current and future)
• Loss of working ability and income
• Physical pain
• Mental trauma 
• Stress and tension
• Loss of quality of life
• Vehicle damages 

Only in a few cases does the law allow compensation for punitive damages under Statute 768.72. Punitive damages are compensated only when the driver acts out of recklessness. 

Can you sue the Tourist Driver?

Yes. You can sue the tourist driver under the Florida law if you have suffered severe injuries and the driver’s insurance coverage is less. It’s necessary, especially when insurance companies delay or deny valid claims. 

What’s the Timeline to File A Compensation Claim? 

According to the Florida Statute of Limitations § 95.11 (2023 update), you have 2 years to file a compensation claim from the date of the accident. Once you miss the timeline, you are not eligible to file a claim under the law. 

Consult A Car Accident Attorney in Winter Haven

Don’t think about when to consult the Best Car Accident Attorney Winter Haven after an accident. Contact an attorney as soon as possible after you’ve been hit in a crash. When you consult an attorney early, you won’t miss the deadline, access all vital evidence, and smartly deal with the insurance company’s tactics. When you suffer a crash caused by a tourist driver, contact us directly.

Why Choose Injury Assistance Law Firm?  

At Injury Assistance Law Firm, our team of car accident attorneys in Winter Haven has experience dealing with out-of-state drivers and car rental companies responsible for crashes. With years of experience and expertise, we have secured maximum compensation and fair verdicts in numerous cases involving the negligence of tourist drivers, rental company disputes, and claims from uninsured and underinsured car drivers. We offer free consultation. You don’t have to pay any upfront fee to consult with our attorney or proceed with the litigation. Let us shoulder your legal responsibilities, and we will never back off from fighting for your rights.