Florida, and West Palm Beach specifically, is a major tourist destination, receiving millions of tourists a year. With that, there comes an increase in commuters on our roads like I-95, US 1, and Southern Blvd. Many of these visitors are unfamiliar with our area, which can lead to confusion and, invariably, accidents.
But how is liability affected when tourists, rental cars, and rideshares are involved? In this article, our West Palm Beach car accident lawyers explain the issues and complicated layers of insurance coverage that accident victims will face.
Why Auto Accident Liability Is More Complicated in West Palm Beach
West Palm Beach has heavy tourist traffic year-round, from seasonal residents, vacationers, and snowbirds looking for a break from winter. Even though some of these tourists may have a routine, road conditions can change from year to year. And those new to the area will often have their attention drawn away from the road as they rely heavily on GPS to navigate.
What you need to be aware of is that accidents with tourists and rideshares will involve multiple insurance policies. For one, Florida is a no-fault insurance system. As a resident, you must have a personal injury protection (PIP) policy, which you would use first for any injuries you suffer. If your injuries exceed the serious injury threshold, then you may seek additional compensation through the other driver’s policies.
Liability Issues Involving Tourist Drivers
When your injuries exceed the limitations set by your PIP, you can file a personal injury lawsuit to cover the losses not covered by your policy, but the out-of-state driver’s insurance coverage can add a layer of complication. Simple differences in minimum insurance requirements by state can lead to delays in the resolution of your claim.
Plus, there is the issue of serving legal papers, collecting evidence, and interviewing witnesses when the driver returns home,
Thankfully, Florida law recognizes where the accident takes place, not where the driver lives.
Rental Car Accidents in West Palm Beach
Car accidents involving rentals frequently occur in or around heavy tourist locations, such as the Palm Beach International Airport, Palm Beach Municipal Beach, and the PGA National Resort. Typically, these accidents are due to distraction, drug or alcohol abuse, or simple unfamiliarity.
When they occur, the liable party may be the following:
- The rental driver for negligent driving
- The rental car company for negligent maintenance
- Third-party drivers for negligent driving
The at-fault driver is liable, but rental agreements can provide additional coverage depending on what the renter has chosen. It should also be noted that the rental company is protected under the Graves Amendment, but they can be held responsible if the cause of the accident was poor maintenance of the rental vehicle.
Rideshare Accidents: Uber and Lyft Liability
Rideshares have become a very popular means of travel for tourists and residents, but they, too, come with unique insurance rules. Per Uber’s and Lyft’s insurance policies, liability in a car accident depends on the rideshare driver’s status in the app:
- Driver not logged into the app: Only the driver’s personal auto insurance applies.
- Driver logged in but without a passenger: Rideshare provides limited liability coverage, typically up to $50,000 per person / $100,000 per accident.
- Driver actively transporting a passenger: Rideshare’s full commercial policy applies, usually up to $1 million in liability coverage.
Claims involving rideshare will face disputes over when the driver was logged in and what they were doing at the time of the accident. Prompt action is crucial. If you wait too long, data logs and phone records can be erased and lost.
How a West Palm Beach Auto Accident Attorney Can Help
If you have been involved in an accident involving a tourist, a rental car, or a rideshare, our West Palm Beach personal injury attorneys can help. They can:
- Investigate the accident: We have the resources to investigate your accident and collect evidence, such as the police report, medical records, accident scene photos and videos, and witness statements.
- Preserve evidence before tourists leave the state: If we are contacted promptly, we can preserve evidence before the tourist returns home, and if necessary, pursue evidence if they do leave.
- Identify all potentially liable parties: We will examine the evidence we gather and identify all parties who may have contributed to your accident.
- Coordinate multiple insurance claims: When multiple insurance policies are in play, we have the staff to handle the clerical and legal paperwork necessary to pursue fair compensation for your injuries and losses.
- Handle communications with out-of-state insurers and corporate defendants: We will manage all communications between you, the insurance companies, their adjusters, and attorneys.
- Seek maximum compensation through settlement negotiations or at a trial: We will prepare your claim and seek the best resolution possible for you and your family, whether that is at the negotiation table or at trial.
We will take care of the entire claim process for you so that you may heal, but you must get started before the statute of limitations expires.
Protecting Your Rights After a Complex West Palm Beach Auto Accident
If you have been in a car wreck, contact the Law Offices of Wolf & Pravato for a free case consultation. A member of our staff can listen and explain your legal options for seeking fair compensation for your losses. Our West Palm Beach auto accident attorneys work on contingency, so you pay nothing up front to get started.
Call (844) 643-7200 today. We have the experience to handle any complication.