Injured in a Rental Car Accident?
Contact an Attorney at Garvin Injury Law Today
If you were involved in a rental car accident in Fort Myers, know that you may be entitled to compensation from the responsible party. However, these cases come with unique legal challenges that you’ll need to address head-on.
Garvin Injury Law can help you make sense of it all. Our Fort Myers car accident lawyers have over 50 years of experience and have recovered tens of millions of dollars for our clients. We’re confident we can guide you through the process and fight for the maximum compensation you deserve if you hire us to represent you.
Fort Myers is one of the most popular tourist destinations in southwest Florida, drawing millions of visitors every year. A large percentage of those visitors get around in rental cars, leading to a steady stream of drivers on local roads who may not be familiar with the area.
Contact our law offices today at (239) 277-0005 for a free consultation. You can receive preliminary legal advice at that time without any obligations.
The Graves Amendment and Rental Car Company Liability
One of the biggest legal hurdles in a rental car accident case is a federal law known as the Graves Amendment (49 U.S.C. § 30106). This statute generally shields rental car companies from being held vicariously liable for accidents caused by their customers. In practical terms, that means you usually cannot sue the rental company simply because they owned the vehicle that was involved in the crash.
However, the Graves Amendment is not an absolute shield. Rental car companies can still be held liable if their own negligence contributed to the accident. Examples of situations where this exception may apply include:
- Renting out a vehicle the company knew had mechanical problems or was overdue for maintenance
- Failing to address a known safety recall on the vehicle
- Renting to a driver without verifying they had a valid license
If the rental company’s negligence played a role in your crash, you may have a direct claim against them regardless of what the Graves Amendment says.
Who Pays for My Damages in a Fort Myers Rental Car Accident?
Figuring out which insurance policy covers your losses after a rental car accident can be confusing. Several sources of coverage could come into play depending on who was at fault and what policies were in effect at the time of the crash:
- Your own PIP coverage will cover your initial medical expenses and lost wages up to $10,000 under Florida’s no-fault system
- If you purchased supplemental liability coverage through the rental company, that policy may also apply
- Uninsured or underinsured motorist coverage on your own policy can help fill the gap if the at-fault driver doesn’t carry enough insurance
If your injuries are serious enough to step outside of Florida’s no-fault system, you may also be able to pursue a lawsuit against the at-fault driver for additional economic and non-economic damages beyond what PIP covers.
Garvin Injury Law Can Help After a Fort Myers Rental Car Accident
If you’ve been involved in a rental car accident in Fort Myers, FL, don’t lose hope about your legal rights and options going forward. You may be able to recover significant compensation from at least one source.
Call an injury attorney in Fort Myers at Garvin Injury Law today at (239) 277-0005 to schedule a free consultation and get started with your claim. We’ll do everything in our power to help you maximize the value of your claim.