Are car rental companies liable for accidents?

The rental car company is not automatically liable for accidents that happen in its vehicles – even if the at-fault person was driving one of its cars at the time of the crash. The individual driver of the rental car (or his/her insurance company) will be at-fault for the crash if he or she caused the accident.

Can leasing company be sued?

Even if the landlord is not insured for it, the landlord can still be sued and held liable for crimes committed in the apartment complex, such as thefts from the cars, where the landlord has been negligent, such as failing to fix the garage security gate.

What is Graves Amendment Florida?

The law in Florida is now settled: The Graves Amendment, 49 U.S.C § 30106, preempts Florida Statute § 324.021(9)(b)2 (2007), thereby insulating rental car companies from vicarious liability while engaged in the trade or business of renting or leasing motor vehicles.

What happens if someone scratches your rental car?

If a rental car gets scratched by a renter, the renter will be liable for any insurance excess in line with the rental agreement. In some cases in order to avoid claiming, the rental company will take the excess from the credit car of the renter and pay any extra themselves.

How long do rental car companies have to file a claim?

Car rental companies rarely if ever file a claim after six months. Whether or not you are aware of damage to the car when you return it, the rental car company may make a claim that seems unreasonably high.

What happens if you damage a rental car after 60 days?

If they waited, say, 60 days to send you a damage claim, they’ve already rented it many times since you drove it, and they’ll have to prove that you actually caused the damage. If the company’s representatives are completely uncooperative, report the firm to legal authorities in the state where you rented the car.

What are rental car damage charges and who’s liable for them?

Rental companies hold drivers liable for anything that happens to the vehicle during the rental period, even if the incident that caused the damage was out of the driver’s control. Such rental car damage charges can occur when there isn’t a rental company employee available to examine the vehicle when you pick it up and again when you return it.

What happens if you rent a car and someone hits you?

If it doesn’t, you can rent a vehicle and pay on your own and then recover from the person you hit you (again, if that happened) the amount you paid for the rental. If no one struck you, you need to get a replacement vehicle before your rental policy is tapped or you will be paying out of pocket.