Posted on August 12, 2026 - by Burnetti, P.A.
Millions of travelers rent vehicles every year to explore Orlando’s theme parks, and when a crash happens far from home, legal questions multiply fast. Burnetti, P.A. has represented injured Floridians and visitors since 1994, and our Orlando Car Accident Lawyers understand how overwhelming a rental car accident can feel when you are outside your home state.
Insurance layers, waivers, and unfamiliar Florida statutes can leave visitors unsure of their rights. Orlando visitors most often want to know who pays for repairs and whether a claim can proceed after they return home.
Florida follows a no-fault insurance system, meaning each driver’s own Personal Injury Protection coverage generally pays initial medical expenses regardless of fault. Under Florida Statute § 627.7263, the rental company’s insurance is primary unless the rental agreement states otherwise in bold type, meaning that the policy may need to respond first.
That distinction matters in a rental car accident, since it determines which insurer handles the claim first. Fault still follows the at-fault driver, whether tourist or Orlando resident. Once a fault is established, our attorneys work through each policy involved, including the rental agreement and the tourist’s home state coverage, to identify every source of recovery.
Visitors involved in a crash while renting a car in Orlando often ask the following questions.
In most cases, the at-fault driver’s insurance pays for vehicle repair or replacement, with the rental company’s coverage acting as a backup layer. If the tourist carries valid liability coverage, that policy typically pays first. When coverage falls short, the rental agreement’s collision protection or the visitor’s own policy may cover the remaining cost.
Yes, an out-of-state driver can be sued in Florida the same way a resident driver can. Florida courts hold jurisdiction over any driver, regardless of home state, once that person causes a crash within state lines. Serving papers on someone who has already left the state requires additional steps, but the claim process itself follows the same path.
Personal Injury Protection coverage typically extends to a rental vehicle the same way it applies to your own car. Comprehensive and collision coverage on a personal policy often follows the driver into a rental, though terms vary by insurer. Reviewing your policy before renting prevents confusion after an accident.
A Collision Damage Waiver generally protects a renter from paying for damage to the rental vehicle itself, not injuries to another person. Signing a CDW does not waive the right to pursue compensation from an at-fault driver. It simply shifts financial responsibility for the vehicle’s damage onto the rental company’s waiver program.
Visitors are not required to remain in Florida while a claim or lawsuit moves forward. Under Florida Statute § 48.171, nonresident drivers who cause a crash in Florida can be served with legal papers through the Secretary of State, allowing a case to proceed after the at-fault party leaves the state. Our attorneys handle these filings so visitors can return home and continue treatment locally.
Uninsured motorist coverage on your own policy typically becomes the primary source of compensation when the at-fault tourist carries no insurance. Florida law requires this coverage to be offered on every auto policy, though drivers may waive it in writing. Without it, recovering compensation becomes considerably more difficult.
CALL BURNETTI. WE’RE READY.
Our attorneys have guided injured visitors through the layers of insurance, waivers, and out-of-state logistics that make a rental car accident more complex than a typical crash. We do not represent insurance companies, and our focus stays on the injured party from the first call through resolution.
Our team coordinates with rental companies, out-of-state insurers, and treating physicians so visitors can focus on recovery instead of paperwork. Every client receives direct access to their attorney and regular updates on their case, wherever they live, once treatment begins.
Prompt action protects your health and your claim. Visitors should call law enforcement, seek medical evaluation even if injuries feel minor, and photograph the rental agreement, insurance card, and license plate of every vehicle.
Collecting witness contact information before they leave the area often makes the difference in a disputed claim. Burnetti, P.A., is ready to help Orlando visitors sort through the insurance layers a rental car accident creates. Call us today at (800) 287-6388 for a free consultation before you leave Florida.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy. He is also the recipient of the Jerry A. DeVane Award, presented by the Lakeland Bar Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Doug Burnetti, who has more than 31 years of fighting for injured clients across Florida.
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