Q: can i sue or process a claim towards Hertz Car Rental.
On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of pocket, i lost my only work vehicle and lost time at work due to this, after many calls to hertz to process the claim they denied each time, for the same reason the car wasnt returned on time. this has cause me strainest stress. the accident lawyer i had forfeited too because the rentee didnt have insurance but never proceeded with contacting hertz directly for damages caused from one of their vehicles. is there anyway now i can get any compensation from hertz for this?
A: Your lawsuit would be against the driver. Once the driver is sued, he will have reason to go after Hertz to make them responsible to pay you.
A: No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some reason that the renter was not qualified to operate a vehicle which the Hertz knew or should have known, such as intoxication or blindness, etc., or if the renter purchased liability insurance from the Hertz.
A: Under California law, you may have a potential legal claim against Hertz if their rental car was involved in an accident that caused you harm. It's essential to consult with a personal injury attorney to evaluate your specific case, explore potential avenues for compensation, and determine if Hertz can be held liable for their role in the incident. Time limitations for such claims should also be considered, so seeking legal advice promptly is crucial.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
