Florida’s beautiful beaches, warm weather, and theme parks attract millions of visitors every year. In Sarasota, where tourism is a major part of daily life, it’s common to share the road with out-of-state drivers—many of whom are unfamiliar with local traffic laws and driving conditions. Unfortunately, this increased traffic also raises the risk of accidents.
If you’re a Sarasota resident and were hit by a tourist or someone driving a rental car, your case may involve added complexity. From dealing with unfamiliar insurance companies to handling out-of-state policies and rental agreements, it’s crucial to understand your rights and what steps to take after the crash.
Step 1: Call 911 and Ensure Safety
Immediately after the accident, make sure everyone is safe and call emergency services. Even in minor collisions, having law enforcement document the crash is important—especially when the other driver is from out of state. A police report serves as an essential piece of evidence later in your insurance claim or lawsuit.
Step 2: Gather Information at the Scene
Since the other driver is a tourist, gathering accurate and thorough information becomes even more important. Be sure to collect:
- The tourist’s full name, license number, and issuing state
- Rental car information (rental company, license plate, agreement details)
- Insurance policy details from the driver and rental company
- Photos of vehicle damage, road conditions, and injuries
- Contact information for any witnesses
Tourist drivers may return home shortly after the incident, so capturing all relevant information immediately can prevent future complications.
Step 3: Understand Rental Car Liability in Florida
Many tourists drive rental cars while visiting Sarasota. When a rental car is involved, liability coverage can become complicated.
Here are key considerations:
- Rental Car Company Insurance: Some tourists decline supplemental insurance, relying on their personal auto insurance or credit card coverage.
- Personal Insurance Coverage: Out-of-state auto insurance policies may have limitations or exclusions when used in Florida.
- Florida Law: Under Florida’s dangerous instrumentality doctrine, rental companies may be held vicariously liable in limited situations, depending on the terms of the rental and the cause of the accident.
In cases involving a rental car, determining who is responsible for paying your damages often requires legal analysis.
Step 4: Notify Your Insurance Company
Florida is a no-fault state, meaning your own insurance company will initially cover medical expenses through Personal Injury Protection (PIP), regardless of fault. Notify your insurer right away and provide them with all relevant documentation.
However, if your injuries are serious and meet Florida’s serious injury threshold, you may be eligible to file a claim against the at-fault driver for damages beyond what PIP covers.
Step 5: Know When You Can Sue the Tourist Driver
You may be able to pursue a personal injury lawsuit if:
- Your injuries are permanent or significant (as defined by Florida law)
- You have suffered substantial loss of income or long-term disability
- Your non-economic damages (pain and suffering) exceed PIP coverage
A knowledgeable personal injury attorney can help you evaluate whether your injuries meet the legal threshold and explain the best strategy for recovering full compensation.
Step 6: Watch for Common Tourist Driver Accident Challenges
Sarasota residents often face added difficulties when tourists are involved in car accidents:
- Delayed or Unresponsive Communication: Once a tourist leaves the state, it may be hard to reach them or obtain further information.
- Complicated Jurisdiction Questions: Lawsuits involving out-of-state drivers may raise questions of jurisdiction, venue, and service of process.
- Insufficient Insurance: The tourist’s insurance may not meet Florida’s minimum liability requirements or may not cover all of your damages.
Working with a local attorney familiar with Sarasota’s courts and Florida traffic laws can make the claims process far less stressful and far more effective.
Why Legal Help Matters in Tourist-Involved Accidents
Accidents involving out-of-state drivers, especially those in rental vehicles, require a deeper understanding of insurance policies, multi-jurisdictional issues, and Florida personal injury law. At ECD Law, our Sarasota-based team is experienced in helping local residents handle the complexities of these unique cases.
We help clients:
- Determine liability and identify all potential sources of compensation
- Navigate communication with out-of-state drivers, rental companies, and multiple insurers
- Calculate full economic and non-economic damages
- Pursue maximum compensation through negotiation or litigation
Call E. Keith DuBose or Warren Chin at ECD Law for a Free Consultation
If you’ve been injured in a car accident caused by a tourist driver in Sarasota, don’t try to manage the claim on your own. Let ECD Law protect your rights, guide you through the legal process, and fight for the compensation you need to move forward.
