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.
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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.
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