Talk of The Villages Florida

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-   All About Golf Carts and Things (https://www.talkofthevillages.com/forums/all-about-golf-carts-things-156/)
-   -   Help for visitors renting golf carts (liability) (https://www.talkofthevillages.com/forums/all-about-golf-carts-things-156/help-visitors-renting-golf-carts-liability-354174/)

dude1000 10-31-2024 04:45 PM

Help for visitors renting golf carts (liability)
 
Being from CA (the litigation state) I'm wondering what kind of liability I will have when renting a golf cart from a homeowner in the Villages or from a golf cart company. I have asked about paying for additional coverage from the golf cart company in the Villages in case I am in an accident while visiting. They said they have never heard of such an option. I realize the owner of the cart will get hit first for my accident but I assume the victim(s) will come after me too if its a nasty accident. What kind of coverage will cover me? My insurance agents in CA (I have house/auto/umbrella) are all saying none of my policies will cover me!!!

villagetinker 10-31-2024 06:48 PM

You may be out of luck, from previous threads it appears the insurance companies only insure owners of the golf carts. I guess you could try an internet search for golf cart insurance and see if it is available for renters.

CoachKandSportsguy 11-01-2024 05:34 AM

This is where FL is just a 3rd world litigious state run by lawyers for lawyers. Suing the golf cart owner for actions of the driver is just shooting fish in a barrel for sport.

Technically, you are not renting the golf cart unless stated in the lease agreement, and paid for specifically. The golf cart is usually offered to borrow, and is not part of the rental agreement by line item cost. No specific line item cost does not create a commercial agreement, as you would in a lease agreement renting from a commercial business. .

Golf cart accident rates are pretty low probability per 100,000, which is why the rates are low, but when they do happen, they are spectacular, makes the news for a day, and then are forgotten. . . . just don't drive impaired, don't drive souped up carts, and drive as defensively as you would in a car assuming the next accident or ticket, your license will be taken away.

retiredguy123 11-01-2024 06:51 AM

Quote:

Originally Posted by CoachKandSportsguy (Post 2383440)
This is where FL is just a 3rd world litigious state run by lawyers for lawyers. Suing the golf cart owner for actions of the driver is just shooting fish in a barrel for sport.

Technically, you are not renting the golf cart unless stated in the lease agreement, and paid for specifically. The golf cart is usually offered to borrow, and is not part of the rental agreement by line item cost. No specific line item cost does not create a commercial agreement, as you would in a lease agreement renting from a commercial business. .

Golf cart accident rates are pretty low probability per 100,000, which is why the rates are low, but when they do happen, they are spectacular, makes the news for a day, and then are forgotten. . . . just don't drive impaired, don't drive souped up carts, and drive as defensively as you would in a car assuming the next accident or ticket, your license will be taken away.

In my opinion, you are safer to rent from a golf cart company instead of the house owner. At least the golf cart company will have some liability coverage, but the house owner will have none. The golf cart company is in the business, so it will be harder to make a case against a paying customer. Do a search for other threads on this topic. Apparently, some house owners will actually fool themselves into thinking that they have insurance, but they don't and neither do you.

CoachKandSportsguy 11-01-2024 09:27 AM

Quote:

Originally Posted by retiredguy123 (Post 2383474)
In my opinion, you are safer to rent from a golf cart company instead of the house owner. At least the golf cart company will have some liability coverage, but the house owner will have none. The golf cart company is in the business, so it will be harder to make a case against a paying customer. Do a search for other threads on this topic. Apparently, some house owners will actually fool themselves into thinking that they have insurance, but they don't and neither do you.

I agree with you, and the end of the rental property is coming soon. I can't wait to get rid of it. . FL still a 3rd world state though. .

kkingston57 11-02-2024 09:18 AM

Quote:

Originally Posted by dude1000 (Post 2383378)
Being from CA (the litigation state) I'm wondering what kind of liability I will have when renting a golf cart from a homeowner in the Villages or from a golf cart company. I have asked about paying for additional coverage from the golf cart company in the Villages in case I am in an accident while visiting. They said they have never heard of such an option. I realize the owner of the cart will get hit first for my accident but I assume the victim(s) will come after me too if its a nasty accident. What kind of coverage will cover me? My insurance agents in CA (I have house/auto/umbrella) are all saying none of my policies will cover me!!!

Great ? I was in the insurance adjusting biz but never did this type of work. In Florida owners of the cart are on the hook for the liability that you caused. Google Dangerous Instrumentality Florida golf carts (basically a golf cart is treated like a car) Unfortunately, I did not find any information on your question. Personally, I would never rent out my golf cart(loaning out is different) or rent a golf cart. If the rentors' policy excludes an accident when it is being rented out, it will be in the fine print.

Normal 11-02-2024 11:37 AM

Buying
 
If you really want to go through liability hoops, you would actually have to purchase the golf cart, get a bill of sale, and then turn around and sell the golf cart back to its original owner. It doesn’t give you accident insurance, but it may remove liability from the original person willing to rent it to you.

retiredguy123 11-02-2024 11:58 AM

Quote:

Originally Posted by Normal (Post 2383862)
If you really want to go through liability hoops, you would actually have to purchase the golf cart, get a bill of sale, and then turn around and sell the golf cart back to its original owner. It doesn’t give you accident insurance, but it may remove liability from the original person willing to rent it to you.

That would only work if it was a bona fide sale with no obligation to sell it back. Otherwise, it would be a sham transaction, and the original owner would not avoid liability.

Normal 11-02-2024 12:21 PM

Yes
 
Quote:

Originally Posted by retiredguy123 (Post 2383867)
That would only work if it was a bona fide sale with no obligation to sell it back. Otherwise, it would be a sham transaction, and the original owner would not avoid liability.

True, it would have to involve over charging for the golf carts value. Let’s say the rental fee added to the cart replacement value. Then sold back for the large dollar value.

It would probably be better to just buy a used cart someone is trying to get rid of.

TCRSO 11-03-2024 03:29 AM

The owner and the driver of the golf cart are both liable for damages. The Florida Statute limiting damages to $300,000 does not apply to golf carts. There was recently a 52 million dollar judgment rendered in a golf cart collision in which a child sustained a severe brain injury.

Bay Kid 11-03-2024 08:39 AM

Quote:

Originally Posted by TCRSO (Post 2383959)
The owner and the driver of the golf cart are both liable for damages. The Florida Statute limiting damages to $300,000 does not apply to golf carts. There was recently a 52 million dollar judgment rendered in a golf cart collision in which a child sustained a severe brain injury.

Just saw a couple in a cart yesterday , Dad driving holding the child on his left lap.... Just can't fix stupid, but some lawyer will be glad to sue.

CoachKandSportsguy 11-03-2024 05:18 PM

Quote:

Originally Posted by retiredguy123 (Post 2383474)
In my opinion, you are safer to rent from a golf cart company instead of the house owner. At least the golf cart company will have some liability coverage, but the house owner will have none. The golf cart company is in the business, so it will be harder to make a case against a paying customer. Do a search for other threads on this topic. Apparently, some house owners will actually fool themselves into thinking that they have insurance, but they don't and neither do you.

But the question in the OP, was from the renter point of view, not the golf cart owner point of view. That is how I answered the question. The spectacular golf cart accidents are pretty infrequent, due to the 20 mph top speed, and the segregated paths. As a renter and borrower of a golf cart, I would have $3-5 Million in personal liability umbrella insurance, which we carry personally, and then don't drink and drive, and don't be dumb.

Then you should be fine. And keep the cart at 20 mph or below, to keep out of the LSV quagmire.

good luck to the renters, but there are hundreds of thousands of miles on villagers golf carts and owners insurance rates for liability is very, very low, which is proportional to the expected payouts.

Topspinmo 11-04-2024 07:58 AM

If I was landlord cart would NOT be in the equation. If I was renter I wouldn’t want liability of use the landlord cart.

CoachKandSportsguy 11-04-2024 11:42 AM

Quote:

Originally Posted by Topspinmo (Post 2384200)
If I was renter I wouldn’t want liability of use the landlord cart.

So what's the personal liability difference between a landlord cart and a rented cart? As those are the only two options if you want a golf cart. . .

Personally, the risk is very low as a renter if you don't drive drunk and follow the rules. If you are stupid, have responsibility or alcohol issues, get a huge umbrella insurance policy and borrow a cart, as you should already have an umbrella coverage anyway. .

Altavia 11-04-2024 04:52 PM

Quote:

Originally Posted by CoachKandSportsguy (Post 2384277)
So what's the personal liability difference between a landlord cart and a rented cart? As those are the only two options if you want a golf cart. . .

Personally, the risk is very low as a renter if you don't drive drunk and follow the rules. If you are stupid, have responsibility or alcohol issues, get a huge umbrella insurance policy and borrow a cart, as you should already have an umbrella coverage anyway. .



Does an umbrella policy only apply on top of other insurance?

If so, will an umbrella policy cover a cart that's not insured?


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