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

When facing a rental car dispute, begin by carefully reviewing your rental agreement. Pay close attention to the terms and conditions that apply to the specific issue, such as damage waivers, fuel charges, late return fees, or toll charges. Understanding what you agreed to is essential before taking further action.

Next, gather all relevant documentation related to the dispute. This includes copies of the rental agreement, photographs or videos showing the vehicle’s condition at both pickup and return, gas receipts, and records of any communication with the rental company. Thorough documentation will strengthen your position.

You should then attempt to resolve the issue directly with the rental agency’s customer service department or management. Keep a detailed record of all interactions, including dates, times, and the names of representatives you speak with, as this information may be necessary if the dispute escalates.

Cancellation

In Florida, rental car cancellation disputes are governed primarily by the terms of the rental agreement, as state law does not provide a general “cooling-off” period for these contracts. If you are disputing a cancellation fee or a denied refund, several steps may help you resolve the matter.

Start by reviewing your contract for cancellation deadlines and refund policies. Prepaid reservations often contain stricter “all sales final” terms than standard bookings. Be sure to document everything, including confirmation emails, screenshots of cancellation notices, and a log of phone calls with employee names and extensions.

If initial customer service efforts fail, request to speak with a supervisor or escalate the issue to the company’s corporate or public relations department. These departments may be more responsive due to concerns about reputation and customer satisfaction.

Financial and Legal Options

If the rental company refuses to issue a refund for a service that was not provided, you may contact your credit card company to initiate a chargeback. Be prepared to submit all documentation proving your cancellation attempt and the company’s refusal to refund.

For disputes involving $8,000 or less, you may also file a claim in Florida small claims court. Before proceeding, review your rental agreement for any venue or arbitration clauses that specify where or how disputes must be resolved. Some rental companies require a written notice of claim at least 30 days before legal or arbitration proceedings can begin.

When direct resolution efforts are unsuccessful, you may file complaints with state and federal agencies. Complaints can be submitted to the Florida Attorney General’s Office, the Florida Department of Agriculture and Consumer Services (FDACS), the Federal Trade Commission (FTC), and the Better Business Bureau (BBB). While BBB complaints may be less effective, state agencies often provide stronger consumer protection assistance.

Accident Liability and the Graves Amendment 

Florida’s “dangerous instrumentality doctrine” traditionally held vehicle owners liable for damages caused by their vehicles. However, federal law now limits this liability for rental car companies under the Graves Amendment.

Under the Graves Amendment, rental car companies are generally not liable for accidents caused by renters unless the company itself was negligent. However, you may still pursue legal action if the company failed to properly maintain the vehicle or knowingly rented it to an unfit or impaired driver.

Florida’s no-fault insurance law also applies, meaning Personal Injury Protection (PIP) typically covers the first $10,000 of medical expenses regardless of who caused the accident.