Rental trucks from companies like U-Haul, Penske, and Budget are virtually everywhere on Florida’s highways these days. What many people do not realize is that pursuing compensation after a crash involving one of these vehicles can be significantly more complicated than a standard truck accident claim. A federal law known as the Graves Amendment (49 U.S.C. § 30106) generally shields rental companies from liability based solely on their ownership of the vehicle, which means victims often have fewer parties to pursue right out of the gate.
However, depending on the facts of your case, there may still be solid grounds for a personal injury claim against at least one liable party, possibly including the rental company itself. Continue reading so that you can be prepared when it comes time to take legal action.
How Does the Claims Process Work After a Florida Rental Truck Accident?
The process typically begins with filing an insurance claim, but things can get tricky here relatively fast. Rental truck drivers often carry only the minimum coverage offered at the rental counter or don’t carry any at all. In some situations, the driver’s personal auto insurance may step in and extend to rental vehicles, but this is not always the case.
Your Florida personal injury attorney will investigate the accident and determine which insurance policies apply. From there, they will send a demand to the appropriate insurer outlining the full scope of your losses. If the insurer refuses to offer a fair amount, negotiations will follow. Key steps in this process include:
- Reviewing the rental agreement and all applicable insurance policies
- Gathering evidence such as police reports, medical records, and witness statements
- Calculating the total value of your economic and non-economic damages
- Sending a formal demand and negotiating with the insurance company
- Filing a lawsuit if a reasonable settlement cannot be reached within the two-year statute of limitations under Florida Statutes § 95.11
While the Graves Amendment limits vicarious liability against rental companies, it does not protect them if they were independently negligent. For example, if the company rented a truck with known brake issues, they may still be on the hook.
What Kinds of Damages Can I Recover in a Florida Rental Truck Accident Case?
The value of your claim will depend on the specific injuries and financial losses you have suffered. In Florida, victims of rental truck accidents can generally pursue both economic and non-economic damages.
Economic damages cover your measurable financial losses, such as:
- Medical bills
- Future treatment costs
- Lost wages
- Diminished earning capacity
- Property damage
Non-economic damages account for the personal toll of the accident, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Mental anguish and trauma
Punitive damages may be available as well, but only in cases that involve egregious misconduct from the at-fault party and that go all the way to trial.
Schedule a Free Consultation With Elliott Law Firm for Help
Rental truck accident claims in Florida require a careful legal strategy; it’s easy to end up with a lot less money than you’re entitled to under the law. Elliott Law Firm is one of the most successful personal injury legal practices in the state and will do everything in our power to maximize the value of your claim if you hire us.
Call (800) 300-0303 or message us online today to get started. We can answer all of your questions and advise you on your legal options during a free consultation.