Skip to content
  Lawyer Available 24/7
Speak to an Attorney Right Now 800-602-5000
Lawyer Available Now
Florida Personal Injury Lawyer
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Pedestrian Accidents
    • Motorcycle Accidents
    • Rideshare Accidents
    • Wrongful Death
    • All Practice Areas
  • Locations
    • Fort Lauderdale
    • Miami Gardens
    • West Palm Beach
    • Jacksonville
    • Orlando
  • About Us
    • Attorney Profiles
  • Client Reviews
  • Blog
  • J-Rock
  • Contact Us
Free Consultation

Florida Court Discusses Uninsured Motorist Benefits for Rental Car Drivers

October 27, 2023 | Jarrett Blakeley
Florida Court Discusses Uninsured Motorist Benefits for Rental Car Drivers

Florida is a popular tourist destination, and many visitors rent cars to travel during their vacations. If drivers with rented cars are injured in accidents, the other driver may lack adequate insurance to compensate them for their losses. Thus, they may seek damages from other sources, but it may not be clear who is ultimately responsible for providing compensation for the harm suffered. Recently, a Florida court set forth an opinion addressing the issue of whether a person hurt in a collision while driving a rental vehicle can recover uninsured motorist benefits from the insurer of the rental car. If you were hurt in a collision with an uninsured vehicle, you could be owed damages, and it is prudent to speak to a trusted Florida car accident attorney regarding your rights.

The Accident

It is reported that the plaintiff was involved in an accident with an uninsured motorist while operating a rental car. She filed a lawsuit against the defendant, the insurer of the rental car, arguing that it was required by law to make excess uninsured motorist coverage available in the amount of $1 million instead of $100,000. The defendant filed a motion for summary judgment. The court granted the motion, and the plaintiff appealed, and on appeal, the appellate court affirmed.

Florida Law Regarding Uninsured Motorist Coverage

Florida law requires insurers to make excess uninsured motorist coverage available to their insureds. The coverage amount must be up to the bodily injury liability limits of the policy or $1 million, whichever is less. To determine whether the defendant in the subject case complied with the law, the court had to assess whether the defendant made excess uninsured motorist coverage available to the rental car company that was the named insured and whether the insurer made the coverage available to the plaintiff, assuming it had a duty to do so.

Florida courts have interpreted the phrase “make available” to mean offer. In the subject case, when the rental car company was faced with selecting either $100,000 or $1,000,000 in coverage, they chose the former, which the plaintiff argued was improper. First, the plaintiff argued that she was the purchaser of the subject policy, and therefore, she was the person to which the defendant should have offered the coverage.

The court disagreed, noting that several Florida courts acknowledged the right of a rental car company to reject uninsured motorist coverage on behalf of other insureds under the policy. The court also rejected the plaintiff’s argument that before the insurer could make coverage available to a driver, the rental car company must have an insurable interest. Thus, the court affirmed the trial court ruling.

Meet with an Experienced Florida Attorney

Many drivers lack sufficient insurance coverage, but they nonetheless cause collisions that lead to significant injuries. If you were hurt in a crash involving an uninsured motorist, you might be owed benefits from your insurer, and you should meet with a lawyer as soon as possible. Florida attorney Jarrett Blakeley is proficient at helping people hurt in accidents recover damages from the responsible parties, and if you hire him, he will help you seek the full amount of compensation available under the law. You can reach Mr. Blakeley via the form online or at (800) 602-5000 to schedule a meeting.

Jarrett Blakeley

Jarrett Blakeley is the founder of Blakeley Law Firm, a premier Florida personal injury law firm dedicated to representing accident victims in Fort Lauderdale, Miami, West Palm Beach, Jacksonville, and throughout the state of Florida. Since 2006, Mr. Blakeley has devoted his career to fighting for the rights of the injured, taking on powerful insurance companies and the law firms that defend them. Over the course of his career, he has successfully represented thousands of clients and recovered more than $200 million on their behalf in cases involving car accidents, motorcycle accidents, Lyft and Uber accidents, and wrongful death.

Mr. Blakeley’s reputation as a skilled and relentless Fort Lauderdale car accident lawyer extends well beyond Broward County. His firm serves clients in Miami-Dade County, including Miami, Palm Beach County, including West Palm Beach, Boca Raton, and Delray Beach, as well as Duval County, including Jacksonville and surrounding areas. No matter where in Florida a crash occurs, Mr. Blakeley brings the same level of dedication, personal attention, and aggressive advocacy to every client he represents.

As a licensed motorcycle rider, Mr. Blakeley has unique insight into the dangers faced by Florida motorcyclists on the road. This first-hand experience allows him to better understand the challenges injured riders face — from biased accident reports to the severity of motorcycle accident injuries. Whether representing a rider injured on I-95 in Miami, a commuter hit by a distracted driver in Palm Beach Gardens, or a motorcyclist hurt in Jacksonville, he fights to secure maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.

Author's Bio

Safeguard Your Future with Professional Legal Support

This field is for validation purposes and should be left unchanged.

Recent Posts

  • Do Helmets Prevent Head Injury?
  • What Happens If I Am Injured as a Passenger on a Bus?
  • The Elements of a Bus Accident Lawsuit

Safeguard Your Future with Professional Legal Support

 

Blakeley Law Firm will come to you after your accident.
Just schedule a meeting at your home or even your hospital room, and we will meet with you to inform you of your rights and best course of action in the hours and days after this traumatic experience.

An accident can be a terrible expense and burden, but Jarrett Blakeley will be there for you to guide you through your claim from beginning to end. The consultation is free, and time is precious.

To schedule your free consultation, please fill out the form.

This field is for validation purposes and should be left unchanged.

Providing Legal Service Near You

 

Fort Lauderdale
1451 W Cypress Creek Rd #300,
Fort Lauderdale, FL 33309
(954) 253-9445
(888) 247-0425
Miami Gardens
160 NW 176th St Suite 300,
Miami Gardens, FL 33169
(786) 600-2218
(888) 247-0425
West Palm Beach
2101 Vista Pkwy UNIT 304,
West Palm Beach, FL 33411
(561) 232-3162
(888) 247-0425
Orlando
7726 Winegard Road, Second Floor,
Orlando, Florida 32809
800-602-5000
888-247-0425
Jacksonville
4600 Touchton Rd Suite 150,
Jacksonville, FL 32246
(904) 821-7816
(888) 247-0425
Florida Personal Injury Lawyer
  • Attorney Profiles
  • Practice Areas
  • Client Reviews
  • Blog
  • J-Rock
  • Contact Us
© 2025 Blakeley Law Firm, P.A. All Rights Reserved. Disclaimer | Sitemap | Privacy Policy