Snowbird Season Crashes on Coral Ridge Drive & University Drive: Handling Out-of-State Driver Claims
During snowbird season, Broward County welcomes seasonal residents and visitors from other states, many traveling by personal or rental vehicle. When a collision happens, questions about insurance coverage, rental car policies, and pursuing a claim against an out-of-state driver can complicate the process.
Around Coral Springs, Coral Ridge Drive and University Drive connect residential areas with shopping centers, schools, and other local destinations. University Drive serves as a major north-south route through the city. If an accident involves a driver who lives elsewhere, the injured person may still pursue a claim in Florida, but insurance coverage and procedures for serving a nonresident defendant can affect how the case proceeds.
Does an Out-of-State Auto Insurance Policy Cover a Florida Accident?
An auto insurance policy issued in another state may cover a collision that happens in Florida. Many standard personal auto policies define their coverage territory to include the United States, its territories and possessions, Puerto Rico, and Canada. Because Florida is within the United States, the location of the crash alone generally does not prevent coverage.
However, geographic coverage is only one part of the analysis. The policy must also cover the driver, vehicle, and type of loss involved. Its declarations, coverage provisions, limits, and exclusions all matter.
For example, an insurer may need to determine:
- Whether the driver was a named insured or otherwise covered under the policy
- Whether the vehicle involved in the accident was covered
- Whether the policy provides bodily injury liability coverage
- What liability limits apply
- Whether exclusions or policy conditions affect coverage
An insurance card identifies the insurer and provides basic policy information, but it does not show every coverage detail. Reviewing the actual policy may be necessary to determine which coverage and limits apply to a Florida accident.
What Happens If the At-Fault Driver Returns to Another State?
A driver involved in a Florida collision may return home before the injured person finishes medical treatment or resolves an insurance claim. That does not automatically prevent the injured person from pursuing the matter in Florida.
Insurance companies can continue investigating claims after a policyholder leaves the state. They may review the crash report, vehicle damage, witness statements, medical records, and other available evidence. The driver's return home may require additional communication or investigation, but it does not automatically transfer the claim to the driver's home state.
If a lawsuit becomes necessary, the injured person must also consider how to formally notify the out-of-state defendant that the case has been filed.
How Can You Serve a Non-Florida Defendant in a Florida Accident Lawsuit?
Florida law provides procedures for serving certain nonresident drivers in lawsuits arising from motor vehicle accidents in the state.
Under Florida Statute §48.171, a nonresident who operates or owns a motor vehicle in Florida under the circumstances described in the statute may be considered to have appointed the Florida Secretary of State as an agent for service of process. This can allow a plaintiff to use substituted service through the Secretary of State in a qualifying case.
The procedure is governed by §48.161. It requires the party seeking service to follow statutory delivery and notice requirements. Depending on the circumstances, this includes exercising due diligence to locate and personally serve the defendant, sending notice and a copy of the process to the defendant's last known address, and filing an affidavit of compliance within 40 days after service on the Secretary of State, unless the court allows additional time.
Florida Statute §48.194 also permits personal service in another state. In that situation, service must generally follow the same manner as service within Florida and be completed by someone authorized to serve process in the state where the defendant is located.
Service of process and personal jurisdiction are separate legal questions. Service is the formal delivery of lawsuit papers. Personal jurisdiction concerns whether a Florida court has legal authority over the defendant. Florida's long-arm statute, §48.193, identifies circumstances in which a nonresident may be subject to the jurisdiction of Florida courts, including committing a tortious act within the state. The applicable requirements must be evaluated based on the facts of the case.
How Does Rental Car Insurance Interact with a Driver's Personal Auto Policy?
Some snowbirds rent vehicles rather than bring their own cars to Florida. If a rental car is involved in an accident, determining which insurance applies requires reviewing the driver's personal auto policy, the rental agreement, and any applicable coverage maintained by the rental company.
A renter's personal auto policy may extend certain coverage to a temporary rental vehicle. Whether it does depends on the policy's definition of a covered or non-owned auto, the driver's status, the type of rental, and any applicable exclusions.
Florida also has a statute addressing the priority of certain insurance coverage for rental and leased vehicles.
What Florida Law Says About Primary Rental Car Insurance
Under Florida Statute §627.7263, valid and collectible liability insurance or personal injury protection (PIP) insurance covering the rental company is generally primary unless the rental agreement states otherwise in the required type size.
If the agreement makes the authorized renter's coverage primary, it must include the specific statutory language in at least 10-point type.
This rule establishes priority for the liability and PIP coverage addressed by the statute. It does not create coverage where none exists or mean that every rental company provides unlimited protection. The applicable policies and rental agreement must still be reviewed to determine what coverage is available.
Does Rental Car Coverage Pay for Damage to the Rental Vehicle?
Liability coverage and physical damage coverage serve different purposes.
Liability insurance generally covers eligible claims for injuries or property damage an insured driver causes to others. Collision or comprehensive coverage under a personal auto policy may cover damage to a rental vehicle, depending on how the damage occurred and subject to the policy's terms, conditions, and deductible.
A rental company's collision damage waiver is different from liability insurance. It is a contractual agreement that may limit the renter's financial responsibility for damage to the rental vehicle, subject to its terms and exclusions.
A visitor should not assume their personal auto policy covers every rental vehicle or every type of damage. The policy and rental agreement determine what protection applies.
Declining optional coverage at the rental counter also does not necessarily mean the driver has no protection. A personal auto policy may provide certain coverage, while any applicable coverage or waiver offered by the rental company must be evaluated separately.
What Should You Do After a Crash Involving an Out-of-State or Rental Car Driver?
When another driver lives outside Florida or is using a rental vehicle, collecting accurate information after a collision can help with the insurance investigation and any later claim.
Exchange Driver & Insurance Information
Get the other driver's name, contact information, driver's license details, vehicle registration, and insurance information. If the vehicle is rented, note the rental company's name and the vehicle's identifying information.
Document the Collision
If it is safe, photograph the vehicles, visible damage, road conditions, traffic signs, nearby intersections, and other relevant details. Get contact information from witnesses who saw the collision.
Obtain the Florida Crash Report
A crash report may provide information about the drivers, vehicles, and responding officers. Keep a copy for your records. The report can help with an insurance investigation, although it does not necessarily resolve every question about fault.
Keep Medical & Financial Records
Seek medical attention and keep copies of treatment records, bills, prescription expenses, and documentation of missed work. These records can help document the injuries and financial losses associated with the accident.
Be Careful When Communicating with Insurers
An insurer may request a statement or documents as part of its investigation. Before providing a recorded statement or signing paperwork, understand what is being requested and how the information may be used. If you rented the vehicle yourself, keep a copy of the rental agreement and any coverage documents.
How Long Do You Have to File a Florida Car Accident Injury Claim?
Florida generally gives injured people two years to file a negligence lawsuit under Florida Statute §95.11(5)(a). This deadline generally applies to personal injury lawsuits arising from car accidents, although exceptions and different deadlines may apply depending on the type of claim and the circumstances.
The fact that the other driver lives in another state or returns home after the collision does not automatically extend the time available to file a lawsuit. Understanding the applicable deadline early can help avoid problems as evidence becomes harder to obtain.
How Law Offices Cytryn & Velazquez, P.A. Helps You
Out-of-state driver claims can involve multiple insurance policies and additional legal procedures. Law Offices Cytryn & Velazquez, P.A. reviews each case to assess available insurance coverage and the steps involved in pursuing a claim.
Serving South Florida since 1991, the firm represents people injured in motor vehicle accidents and other personal injury matters throughout Florida. Founder Dan Cytryn has more than 45 years of legal experience, over 107 jury trials, and 30 appeals.
The firm assists clients with investigating collisions, reviewing insurance coverage, communicating with insurers, and evaluating legal options. Attorneys also explain settlement offers so clients can make informed decisions about whether to accept them. Services are available in English, Spanish, and Portuguese.
If you were injured on Coral Ridge Drive, University Drive, or another Broward County road, can review your accident and explain the legal options that may be available. Call (954) 833-1440 or contact us online for a free consultation.