Injured While Visiting Florida

Miami receives visitors from every state and from across Latin America and Europe. When one of them is hurt in a rental car crash on the Dolphin, a fall in a hotel or a boat accident on Biscayne Bay, the first question is always the same: can I handle this after I go home? Yes. The claim belongs where the injury happened.

Written by the Florida Injury Team Legal Content Team · Reviewed for accuracy by our network of licensed Florida attorneys · Learn about our editorial process

Florida law and Florida courts

A claim for an injury in Florida is filed in Florida, usually in the county where it happened, and Florida law governs it. That means Florida’s two-year deadline for negligence claims, its modified comparative negligence rule, and its no-fault PIP system for car crashes. Your home state’s or home country’s rules do not apply, and a lawyer licensed elsewhere cannot file the case here.

Car crashes: whose PIP and whose insurance

• Your own auto policy from another state usually follows you into a rental car, and many policies adjust to meet Florida’s minimums.
• The rental car company must carry Florida coverage on Florida-registered vehicles, and its PIP may apply to you if you have no Florida policy.
• The credit card used for the rental may provide collision coverage for the car, though rarely for injuries.
• The at-fault driver’s bodily injury coverage and your own uninsured motorist coverage pay for injuries beyond PIP.

International visitors without a U.S. auto policy depend more heavily on the rental company’s coverage and the at-fault driver’s policy. The firm we refer you to sorts out which policies apply.

Medical care before you leave and after you get home

Get treated in Florida before you leave, even if the flight is tomorrow. The medical record created here ties the injury to the accident, and for car crashes the 14-day PIP rule applies to you too. Once home, continue treatment with your own doctors and keep every bill, in whatever language and currency. Foreign medical bills are recoverable; they are translated and converted for the claim.

Handling the case from a distance

Almost everything happens remotely. The firm gathers records, deals with insurers and negotiates the settlement by phone, email and video. Depositions in Florida cases are routinely taken by video. If a case goes to trial, which is uncommon, you would need to travel, but that is planned well in advance. Settlement funds can be wired internationally.

Hotels, attractions and boats

Falls in hotels and resorts, injuries at attractions, and accidents on rented boats and jet skis follow the same principle: the claim is filed in Florida. Report the incident to management before you leave, ask for a written incident report, photograph the hazard, and get the names of employees and witnesses. Rental agreements for boats and jet skis often contain waivers; those are not always enforceable, and a Florida lawyer should review them.