To handle a rental car dispute in Florida, first contact the rental agency's customer service. If the issue remains unresolved, you can file a formal complaint with the Florida Attorney General's Office or the Florida Department of Agriculture and Consumer Services (FDACS).

Rental car lawsuits in Florida generally fall into three categories: liability for accidents, deceptive business practices, and employment-related disputes.

Initial Steps for Resolution

  1. Review your rental agreement: Carefully check the terms and conditions related to the specific dispute (e.g., damage waiver policies, fuel charges, late return fees, toll charges).

  2. Gather documentation: Collect all relevant evidence, including copies of the rental agreement, photos or videos of the vehicle's condition at pickup and return, gas receipts, and records of all communications with the rental company.

  3. Contact the rental agency's customer service: Attempt to resolve the issue directly with the company's management or customer service department. Document all interactions, including dates, times, and the names of people you spoke with.

Cancellation

In Florida, rental car cancellation disputes are primarily governed by the specific terms of your rental agreement, as state law does not provide a "cooling-off" period for these types of contracts. If you are facing an issue with a cancellation fee or a denied refund, you can take several steps to resolve the dispute.

1. Direct Resolution and Documentation

  • Review Your Contract: Check for specific cancellation deadlines. Prepaid reservations often have stricter "all sales final" terms compared to standard bookings.

  • Document Everything: Save confirmation emails, keep a log of calls including names and extensions of employees, and take screenshots of cancellation confirmations.

  • Contact a Supervisor: If initial customer service is unhelpful, escalate to a manager or the company’s corporate marketing/PR department, which may be more concerned with brand reputation. 

2. Financial and Legal Actions

  • Credit Card Dispute: If the company refuses a refund for a service they did not provide, contact your bank to initiate a chargeback. Provide all documented proof of your cancellation attempt.

  • Small Claims Court: For disputes under $8,000, you can pursue a case in Florida small claims court. Review your rental agreement for "venue" clauses that specify where legal actions must be filed.

  • Pre-Dispute Notice: Some companies (e.g., Avis) require a written notice of claim 30 days before initiating any legal or arbitration proceedings.

3. Filing Official Complaints

If direct resolution fails, you can report the company to state and federal agencies:

  • Florida Attorney General: File a complaint online at MyFloridaLegal.com or call 1-866-9-NO-SCAM.

  • Florida Department of Agriculture and Consumer Services (FDACS): This is the state’s primary consumer complaint clearinghouse. File online at FloridaConsumerHelp.com.

  • Federal Trade Commission (FTC): Report unfair or deceptive practices at FTC.gov/complaint.

  • Better Business Bureau (BBB): File a complaint at bbb.org, though some consumers find this less effective than state-level legal action.

Accident Liability and the Graves Amendment 

Florida's "dangerous instrumentality doctrine" traditionally held vehicle owners liable for any damage caused by their cars, federal law now restricts this for rental agencies. 

Graves Amendment Protection: Under 49 U.S.C. § 30106, rental car companies are generally not liable for accidents caused by their renters unless the company itself was negligent.

  • Exceptions for Suing Agencies: You can still sue a rental company in Florida if you prove:

    • Negligent Maintenance: The agency failed to maintain the vehicle (e.g., faulty brakes, bald tires) and this led to the crash.

    • Negligent Entrustment: The company knowingly rented to an unfit or impaired driver (e.g., someone with a suspended license or an obviously intoxicated individual).

  • Florida’s No-Fault Law: Personal Injury Protection (PIP) typically covers the first $10,000 of medical expenses regardless of fault.