I rented a car in Florida and caused a crash — whose liability insurance pays first, mine or the rental company's?

Car insuranceWho paysFloridaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Florida Legislature · Florida Statutes (2026) · § 627.7263(1) View original ↗

In short

In Florida the rental company's cover is usually first in line.
Read your rental contract for the line that says otherwise.
The sources give no deadline.

What this means

Florida law says the rental company's cover is primary. That means it pays first. The rental agreement can say otherwise, but only in at least 10-point type [1]. If the renter's cover is to be primary, the agreement must carry set words in at least 10-point type [2].

The law also limits what the rental company can owe. For a rental of less than 1 year, it counts as the owner only up to $100,000 per person and $300,000 per incident for bodily injury [3]. For property damage the limit is $50,000 [3]. If the renter has no insurance, or has limits below $500,000 combined, the company can owe up to $500,000 more in economic damages [4]. The sources do not say how this changes what you owe.

Your next step

Read the face of your rental agreement for any line that makes your insurance primary. Call your own auto insurer and ask what it pays when you drive a rental car in Florida. The sources give no deadline.

Check it yourself

Open the two Florida statute pages above and read the full text. Check your rental agreement and your own policy. The sources do not say what the rental company's limits are in your contract, or what your own policy pays — "Don't know yet".

Where this comes from (4)

[1] Florida Legislature · Florida Statutes (2026) · § 627.7263(1) · checked 2026-11-06
The valid and collectible liability insurance or personal injury protection insurance providing coverage for the lessor of a motor vehicle for rent or lease is primary unless otherwise stated in at least 10-point type on the face of the rental or lease agreement.
[2] Florida Legislature · Florida Statutes (2026) · § 627.7263(2) · checked 2026-11-06
If the lessee’s coverage is to be primary, the rental or lease agreement must contain the following language, in at least 10-point type:
[3] Florida Legislature · Florida Statutes (2026) · § 324.021(9)(b)2. · checked 2026-11-06
The lessor, under an agreement to rent or lease a motor vehicle for a period of less than 1 year, shall be deemed the owner of the motor vehicle for the purpose of determining liability for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage.
[4] Florida Legislature · Florida Statutes (2026) · § 324.021(9)(b)2. · checked 2026-11-06
If the lessee or the operator of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the lessor shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle.

How we found this

We matched your question to 4 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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