[...] Enterprise Rent-A-Car wrote an interesting post today onHere s a quick excerptOn August, 19th

On August, 19th a federal appeals court upheld the statute shielding car rental companies from vicarious liability in auto accidents.  See Garcia v. Vanguard Care Rental USA, Inc. , 11th Circuit Ct. of App., No. 07-12235.
In this case a Vanguard rental car was leased to a Gregory Davis who was at fault in a fatal three way collision in Florida.  The estates would have sued the car rental company on the theory of vicarious liability, palmer house hotel in chicago i.e., Vanguard would be responsible for the negligence of the driver.  Florida, like New York, has a vicarious liability law which imposes liability on the car owner for the negligence of the operator.  The so-called federal Graves Amendment shielded car rental and leasing agencies from such liability.  Therefore, the Graves Amendment voided the vicarious liability law of Florida (and New York).
Vanguard filed a declaratory judgment in the federal court seeking a declaration that the Graves Amendment preempted a suit against the car rental company.  Vanguard did this in anticipation of the estates palmer house hotel in chicago suing Vanguard for vicarious liability in the state court.  The federal court upheld the car rental company s position, and the Court of Appeals upheld the decision.  The federal Graves Amendment preempts Florida s statute imposing vicarious liability.  The Court of Appeals ruled that the U.S. Congress exercised its constitutional power to regulate interstate palmer house hotel in chicago commerce and to preempt states law imposing vicarious liability.  In essence the Congress is regulating the car rental/leasing industry in exempting palmer house hotel in chicago it from state imposed laws (such as vicarious liability) which burden it and impair interstate commerce.
Although the car rental industry won this round, the fight is not over.  Constitutional challenges will be brought in other courts, and we predict that the U.S. Supreme Court will have to rule.  The trial lawyers groups, both national and statewide, are going to continue to fight for the rights of regular people against the U.S. Congress  incredible gift to the car rental industry.
[...] Enterprise Rent-A-Car wrote an interesting post today onHere palmer house hotel in chicago s a quick excerptOn August, 19th a federal appeals court upheld the statute shielding bcar rental companies/b from vicarious liability in auto accidents. See Garcia v. Vanguard Care bRental/b USA, Inc., 11th Circuit Ct. of App., No. 07-12235. b /b [...]
What I dont understand is that when you rent a car in the state of Florida, or other, do you not have to provide a valid driver license and insurance. Is it not the responsibility of the rental palmer house hotel in chicago car company to verify the insurance at time of rental? If a car is rented without that verification and the driver is involved in an auto accident at their fault where does the liability palmer house hotel in chicago fall? The driver that had been hit should be able to recover deductable, etc. from the auto owner? This just seems that they require a contract, however they should verify insurance, etc. of the renting party, otherwise they should be resposible for not completing palmer house hotel in chicago the contract? Who has rights here ?
The New York rentor will be covered by the car rental company s insurance for both Personal Injury Protection (medical, lost income, etc.) and Liability. However, the car rental insurance company will only provide the minimum required in NY, i.e., $50,000 for PIP and $25,000/50.000 for Liability.
The problem with the Graves Amendment is that a person injured palmer house hotel in chicago by a rental car can only recover the minimal insurance required. palmer house hotel in chicago E.g., a pedestrian struck by a Thrifty palmer house hotel in chicago car can only recover a maximum of $25,000 for his injuries in New York. This is so regardless of the severity of injuries. In the past an injured person would sue Hertz or Avis, and insurance limits would not be a problem.
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