Miami Rental Car and Tourist Driver Accident Lawyer

Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026

Redondo Law helps people hurt in crashes with rental cars and out-of-town drivers. That includes locals hit by a tourist on Collins Avenue and visitors who were hurt while driving a rental in Miami. If the crash happened in Miami or anywhere in Miami-Dade County, a Miami car accident lawyer can sort out which insurance applies and deal with the companies for you.

The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. If you live in another state or country, we can work with you from wherever you are.

Why rental car and tourist crashes are different

Miami draws visitors all year, and many pick up a rental car the day they land. Drivers who do not know the roads change lanes suddenly, miss exits, stop short to read GPS and turn the wrong way on one-way streets. These crashes also raise hard questions about who owns the car and which insurance pays first.

Is the rental company liable for a rental car accident in Miami?

Florida has a court-made rule called the dangerous instrumentality doctrine. Under it, the owner of a car can be held responsible when someone it lets drive the car causes a crash, even if the owner did nothing wrong.

Rental companies are treated differently. A federal law known as the Graves Amendment (49 U.S.C. 30106) says a company in the business of renting or leasing cars is not liable just because it owns the car, as long as the company itself was not negligent and did nothing criminal. The same law leaves room for state financial responsibility and insurance rules.

Florida law (Fla. Stat. 324.021(9)(b)) also sets limits for owners and lessors. For a rental of less than one year, the statute caps the lessor’s liability at $100,000 per person and $300,000 per incident for bodily injury, and $50,000 for property damage. It adds up to $500,000 more in economic damages if the renter or driver had no insurance or less than $500,000 in coverage, reduced by what is recovered from them. Courts have addressed how this state law fits with the Graves Amendment, so the answer depends on the facts.

What does not change: a rental company can still be liable for its own negligence. Examples include renting out a car with known brake or tire problems, skipping a recall repair, or handing keys to someone the company knew was unfit to drive. When that happens, we look hard at the company’s maintenance and rental records.

Renter’s insurance and rental counter coverage

Many renters have more than one policy. A driver may have a personal auto policy that follows them to a rental car, plus liability coverage bought at the rental counter. Credit card benefits usually cover damage to the rental car itself, not injuries to other people.

We look for every policy that could apply, including your own. If the at-fault driver has little or no coverage for your injuries, your own uninsured motorist coverage may make up the gap.

Who pays PIP after a crash with a tourist or rental car?

Florida is a no-fault state. Personal injury protection (PIP) pays up to $10,000: 80% of medical bills and 60% of lost wages, no matter who caused the crash. You must get medical care within 14 days to use it. Here is how PIP usually works in these crashes.

• You are a Florida driver hit by a tourist. Your own PIP pays first, just as in any other crash. Your claim for pain and suffering goes against the at-fault driver if you meet Florida’s injury threshold.
• You are a visitor riding in a rental car. Florida law makes the PIP covering the rental car primary unless the agreement shifts it to the renter. Your home policy may also play a role.
• You are a visitor and were hit while walking. Florida’s PIP law covers people struck on foot by a car only if they are Florida residents, in most cases. That puts more weight on the driver’s liability insurance and any coverage you have at home.
• The visitor’s car has been in Florida a long time. A nonresident whose vehicle has been in Florida more than 90 days during the past 365 days must carry Florida PIP and property damage coverage.

Out-of-state and foreign drivers

A driver from another state or country who causes a crash in Florida can be sued in Florida. Florida law, including the two-year deadline for most negligence claims, generally governs a crash that happens here. The driver going home does not end your case.

These cases need fast work. We get the driver’s details from the police report and the rental company, and we send letters telling every insurer to keep the car, the records and any video. A foreign driver may have little personal coverage, so the rental company’s insurance and your own UM coverage often matter most.

Where rental car and tourist crashes happen in Miami-Dade

Miami International Airport and the rental car center

The rental car center at Miami International Airport sends a steady stream of new drivers onto LeJeune Road, the Dolphin Expressway (SR 836) and the Palmetto Expressway (SR 826). Drivers are often tired and reading directions for the first time.

South Beach and Miami Beach

Collins Avenue, Ocean Drive, Washington Avenue and Alton Road are packed with rental cars, rideshare stops and people on foot. The MacArthur Causeway and I-195 bring heavy traffic over from the mainland. See our Miami Beach injury page for more.

Brickell and downtown Miami

Brickell and downtown have one-way streets, constant construction and many pedestrians. A visitor who turns the wrong way or stops short can cause a serious crash. If you were walking when you were hit, read about pedestrian accidents.

Key Biscayne and the Rickenbacker Causeway

Tourists drive the Rickenbacker Causeway to the beaches and parks on Key Biscayne. The causeway mixes cars with cyclists and runners.

PortMiami and cruise passengers

Cruise passengers fill the roads to PortMiami by rental car, taxi, shuttle and rideshare. Traffic funnels through I-395 and the port tunnel, often on a tight schedule. If you were hurt in an Uber or Lyft on the way to or from the port, see our Uber and Lyft accident page.

Hurt in Miami while on vacation? What to do if you live elsewhere

Many of our clients were visiting Miami when they were hurt. You do not need to stay in Florida for your case to move forward.

After you go home, we stay in touch by phone, email and video. We gather your records, including from doctors at home, and keep the case moving under Florida law. If the at-fault driver fled the scene, read about hit-and-run accidents.

Why work with Redondo Law

Mike Redondo is the firm’s only attorney, and Mike personally oversees every case. Before founding Redondo Law in 2019, Mike spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases, so he knows how corporate defendants and their lawyers build a defense. That background helps when the other side is a large rental company with its own lawyers and claims staff. Learn more about Mike Redondo or see our case results.

Frequently asked questions

Can I sue the rental car company if a renter hit me?

Sometimes. The federal Graves Amendment generally shields rental companies from liability just for owning the car. But the company can still be liable for its own negligence, such as renting a car with bad brakes. Its insurance may also be primary under Florida law. We review the rental agreement and the company’s records to find out.

What if the tourist who hit me goes back home?

The case can continue. A driver who causes a crash in Florida can be sued here, and Florida law generally applies. Most claims are paid by insurance, not by the driver personally. We locate every policy that covers the driver and the car, and we put each insurer on notice.

I was visiting Miami when I was hurt. Do I have to come back for my case?

Rarely. We work with clients in other states and countries by phone, email and video. You can get treatment at home, and we collect those records. If your case goes to a deposition or trial, we plan ahead with you so any travel is as easy as possible.

Does my PIP cover me if I was hit by a rental car?

If you are a Florida driver, your own PIP pays first, up to $10,000, no matter who caused the crash. You must see a doctor within 14 days. If you are a visitor, the answer depends on whether you were in a car or on foot, and on the rental agreement and your home policy.

How long do I have to file a claim after a rental car accident in Florida?

For most negligence claims from crashes on or after March 24, 2023, you have two years to file a lawsuit. Waiting is risky, because rental cars are repaired and rented again quickly and video gets erased. Call us early so we can preserve the evidence.

If you were hurt in a crash with a rental car or a tourist driver anywhere in Miami-Dade, contact us or call (305) 908-6778. The consultation is free, and we answer 24/7.