Originally Posted by NYCLAW

Thanks for the quick replies. With respect to vicarious liability, at the time of the accident only New York and Rhode Island imputed liability of a driver to automobile owners. The rental car/leasing/insurance industries fought the issue for years. They were unsuccessful at the state level. In 2005, a provision was slipped into a federal transportation bill wiping out the vicarious liability laws with respect to rental/leasing companies. This is one of the last cases to be filed in New York under the old law. Regardless of the equities, ELRAC will be on the hook for this one.