Hit by a Rental Truck in Hialeah: Who Pays for Your Injuries?

When a rental truck hits you in Hialeah, the person who rented the vehicle, and their personal auto insurance, is usually the first party responsible for your injuries, not U-Haul, Penske, or Fluid Truck. Florida’s no-fault law means your own PIP coverage pays your initial medical bills regardless of fault, and for losses PIP does not cover you can pursue the at-fault renter’s liability insurance and possibly other sources; pain and suffering requires meeting Florida’s permanent-injury threshold.

How do I know the truck was a rental, and why does that matter?

The crash report will list the registered owner of the vehicle that hit you. If that owner is U-Haul, Penske, Fluid Truck, or another rental company, you know right away the driver was a renter, not the owner. This matters because a federal law known as the Graves Amendment generally shields commercial rental companies from liability based only on owning the vehicle. In Hialeah, crashes on city streets like W 49th Street and Okeechobee Road are typically investigated by the Hialeah Police Department, while on the Palmetto Expressway the Florida Highway Patrol may respond. Under Fla. Stat. § 316.066, crash reports are confidential for 60 days except to the parties, their insurers, and their attorneys, so ask your lawyer to get it quickly. At the scene, photograph the truck’s logo, unit number on the rear door, and any rental paperwork visible inside the cab before the vehicle is moved.

My own PIP pays first, even though the rental truck driver caused the crash?

Yes. Florida is a no-fault state, so your own PIP insurance pays first, even if you did nothing wrong. This answers the common question: “Do I just go through my own insurance?” Yes, you must. Under Fla. Stat. § 627.736(1), PIP covers 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000 if a doctor diagnoses an emergency medical condition, or only $2,500 if not. You must see a doctor within 14 days of the crash, or PIP pays nothing. PIP does not cover pain and suffering, car repairs, or bills beyond the cap. Many people ask why the medical bills come to them when the crash was not their fault. That’s Florida’s no-fault system, it shifts initial costs to your own policy, not the at-fault driver’s.

Who is actually liable, the renter, the rental company, or both?

Liability often starts with the individual who rented the truck and their personal auto insurance policy, although the order of coverage can depend on the rental agreement. Second, check if they bought supplemental liability insurance (SLI) at the U-Haul, Penske, or Fluid Truck counter, that can add extra coverage. Third, the rental company may have its own policy, but it is often not the first to pay. Under the Graves Amendment (49 U.S.C. § 30106), rental companies are generally shielded from liability based solely on vehicle ownership. Florida’s dangerous-instrumentality doctrine generally lets injured people hold a vehicle’s owner liable for the driver’s negligence, and Florida law limits that liability for lessors (Fla. Stat. § 324.021(9)(b)); however, the Graves Amendment generally prevents applying it to commercial rental companies, unless the company was independently negligent. Examples include renting a truck with known brake defects, ignoring a safety recall, or handing keys to someone visibly impaired or unqualified. Confirming SLI purchase and checking for independent negligence are critical early steps.

What if the driver was working for a moving or delivery company?

If the person driving the rental truck was on the job, for a moving company, delivery service, or gig platform, their employer may carry a separate commercial auto or motor carrier liability policy. This coverage may carry higher limits than a personal auto policy and can become an important source of recovery. Look for uniforms, business decals, dispatch apps on the driver’s phone, or a rental agreement showing a business name (not just an individual). Under some commercial policies, “Who Is An Insured” clauses may extend coverage to authorized drivers using a rented vehicle for work. In Miami-Dade, disputes over whether a rental truck was used commercially can turn on dispatch records or rental contracts. Never assume only the driver’s personal insurance applies, this layer could mean the difference between full recovery and severe undercompensation.

What if the renter had no insurance or not enough to cover my injuries?

If the at-fault renter has no liability insurance or too little, your uninsured/underinsured motorist (UM/UIM) coverage may step in. Under Fla. Stat. § 627.727, UM covers medical expenses beyond PIP, additional lost wages, and other injury-related losses, but not car damage. UM is optional in Florida, but insurers must offer it, and you must have rejected it in writing to lack it. Some people discover too late that they don’t have UM. Don’t assume you have UM, check your policy declarations page. And remember: even if the renter is uninsured, you may still pursue claims against their employer or the rental company if independent negligence is present.

Can I recover pain and suffering, and what if I was partly at fault?

You can only recover pain and suffering if your injury meets Florida’s serious-injury threshold under Fla. Stat. § 627.737(2): permanent injury, significant and permanent scarring or disfigurement, or permanent loss of an important bodily function. Minor injuries that fully heal usually don’t qualify. Florida also uses modified comparative fault (Fla. Stat. § 768.81(6)): you can still recover if you’re 50 percent or less at fault, but your damages are reduced by your share. If you’re more than 50 percent at fault, you recover nothing. Be cautious about statements at the scene or to adjusters, comments like “I didn’t see them coming” can be twisted to assign you blame. Insurers may also argue that your injuries come from pre-existing conditions. Finally, for crashes on or after March 24, 2023, you have two years to file a lawsuit under Fla. Stat. § 95.11, not four.

Frequently asked questions

What should I photograph at the scene if a rental truck hits me in Hialeah?
Take clear pictures of the truck’s front and side logos, the unit number on the rear doors, the driver’s license plate, any visible damage, and the rental agreement if it’s accessible through the window. Also photograph skid marks, traffic signals, and road conditions.

Does the rental company’s insurance, U-Haul, Penske, or Fluid Truck, pay my bills automatically?
No. The rental company’s insurance often does not pay first; liability usually starts with the renter’s personal auto policy, although the order can depend on the rental agreement. The rental company’s coverage may also apply under the rental agreement or if the company was independently negligent, such as failing to maintain the vehicle properly.

What if the Fluid Truck or U-Haul driver had no personal auto insurance?
If the renter lacks insurance, your options include your own UM coverage, any SLI they may have purchased at the counter, or a claim against the rental company if they were negligent. For pedestrians or cyclists without household PIP, the rental truck’s PIP might apply under specific conditions.

How long do I have to file a lawsuit after being hit by a rental truck in Hialeah?
For injuries occurring on or after March 24, 2023, Florida law gives you two years to file a negligence lawsuit under Fla. Stat. § 95.11. Earlier crashes may have a four-year deadline, but the current rule is two years.

Can I sue the rental company directly if the truck had mechanical problems?
Yes, if you can prove the company knew or should have known about a defect like brake failure, tire wear, or steering issues and failed to fix it. The Graves Amendment does not protect rental companies from claims based on their own negligence in maintaining or inspecting vehicles.

Related reading: A truck hit me in Hialeah. Is that different from a car accident? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at (305) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.