Not even 24 hours ago got involved in car accident on the tourist strip ( International Drive) in Orlando, FL. At a traffic signal I was driving on the far right lane, which is a "go straight or turn right" lane. Other car next lane over to my left was on a straight only lane. After traffic lights turned green both me and the other car pulled up. I went to go straight since I had to and had the right to. Out of no where the car on my left on the go straight only lane turned right immediately in front of me with no chance of avoiding it. With result him hitting me by cutting me off. Substantial damage to both cars with airbag deployment. I just had a new car but was busy to write over insurance policies from my older vehicle to my new one. So paying for insurance but the car involved technically isn't covered, while my old car still was. A police report was created and the other driver was deemed at-fault and was ticketed for the cause of the accident. They were tourists from Brazil in a Alamo rental car, on the traffic crash exchange report it said "self insured" So does Alamo will cover my losses or am I doomed.
rental car companies must provide their renters at least 10 k in liability bodily injury coverage unless the renters purchased additional protection. My guess is that they may not have as you point out they wrote down "self insured" but if thats true the drivers auto policy on his car at home may cover losses over the 10 k. Hire counsel here in Orlando. Most, including me, do not charge unless we win. As far as property damage his counsel would have to read the policy
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
The driver's auto insurance may cover your property damage. If you were injured, consult a FL personal injury attorney ASAP.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
There is likely some coverage by Alamo or the driver's personal insurance company. Hire Orlando attorney ASAP.
Hopefully the drivers had coverage or bought coverage from Alamo, which most rental car companies require.
You need to retain a lawyer immediately so you minimize the chance of being doomed. To start, you will want to have them review whether your new vehicle IS covered under a "subsititute vehicle" clause in your insurance policy.The rental agency may also be responsible depending on the paperwork and there may also be some for of purchased insurance which many such agencies require if you can't show proof of insurance at the time of rental.
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I am a former insurance company attorney and have also defended rental car companies in the past. I have handled similar situations several times. There are laws that apply to rental car companies that you will want to discuss with an attorney. In many cases, non-resident drivers of rental cars purchase additional coverage during the rental process. This will need to be reviewed. Also, your own policy on your old car may in fact apply if certain conditions are met.
I am very sorry to hear about your situation. Based upon what you have relayed, your situation is somewhat complicated; and so I strongly recommend you talk to and meet with an experienced accident attorney in the central Florida area. Having worked in accident law in Orlando for the past 27 years, I have seen quite a few cases like yours involving tourists and rental cars. You are not doomed. You need an experienced attorney who will look hard to find insurance coverage in place for your injuries. The attorney should be able to discuss with you all of the potential options you have, so that you can make the best decisions possible. In order to find the best attorney for you, I strongly recommend that you review the AVVO profile, which will have reviews from actual clients of that attorney. You will also have reviews from other attorneys about the attorney you are considering for representation. The AVVO profile will have additional information and links to the attorney's website and email address. This is important because some attorneys will respond to questions sent by email from potential clients after normal business hours and on weekends. I hope this is helpful! The consultation should be free!!!
If this is a newly acquired vehicle and you have your other vehicle insured with a carrier, there is a good chance that your new car is covered as well. Get out your policy and read it and find out what is covered. You may find that you have a clause in your contract that says a newly acquired vehicle is automatically covered for 30 days under your current insurance on your old car. If so, contact your agent and confirm and also report the collision with the new vehicle.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I a man a former insurance company defense attorney. The Graves amendment protects rental car companies and shields them from lawsuits. However, there are exceptions. For example, the Alamo was somehow negligent in the maintenance of the vehicle or engaged in a crime then you can sue Alamo. If that fails you'll want to check to see if the tourist purchased extra coverage. You'll need to have a Florida personal injury attorney review your case.
Chadwick J. Lawrence, Esq. Serving all of Florida AV rated by Martindale-Hubbell,10 Superb AVVO
Unfortunately in Florida it is not uncommon to have accidents involving tourists driving rental cars. There is a whole line of caselaw in this area under the graves amendment preventing you from suing Alamo, however, the driver may have their own insurance that covered them or may have purchased additional insurance.
As far as your insurance co, you do generally have 30 days to transfer coverage from one vehicle to a new vehicle. It is important to contact your agent right away to advise them of the new car and to contact an attorney to help guide you through this process
You should check with your insurance company as you may have coverage on the new car since you replaced it with another vehicle. There is usually a 30 day period allowing coverage for the sale of a vehicle.
The rental companies are capped to $10,000.00 of coverage but check to see if the renter obtained additional coverage. In addition, if your policy is in effect, you may also have uninsured motorist coverage for injuries.
You should contact an attorney to assist you.
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