I’m an attorney in New York City who represents an individual who was seriously injured in an accident involving an ELRAC vehicle. The lessee, a convicted drug dealer, traveled from Manhattan to the ELRAC location in Hawthorne, NJ to rent the vehicle (approx. fifteen miles outside of NYC; there are approx. ten closer locations; accident date 10/28/03). Apparently, the lessee rented the vehicle using a fake driver’s license. It’s unclear whether he paid cash or used a credit card for the rental. The rental agreement indicates that a check in the amount of $1300 was left as an “add’l deposit”. I have attached the rental agreement.
Within two hours of the rental, the lessee hit my client, a pedestrian. The lessee left the scene without stopping. My client was left for dead. She was in a coma for seven weeks. She broke virtually every bone in her body. Miraculously, she eventually left the hospital after three months (hospital bills in excess of $200K). She continues to suffer from the injuries and resultant brain damage.
Approximately one year following the accident, the driver was located and arrested. He is currently serving a ten year sentence for the hit and run.
This case falls under the ‘old’ New York vicarious liability law (meaning that ELRAC is responsible for the negligence of the operator). The law presumes that an operator of a rental car has the permission of the owner (ELRAC). ELRAC has raised a defense that it is not responsible since it was ‘defrauded’ by the lessee using a fake driver’s license. The decided cases in New York hold that this is not a valid defense. Nonetheless, it’s ELRAC’s only defense.
Jurors don’t like frivolous defenses. I want to hit ELRAC hard on this issue.
Does ELRAC actually check the background of its renters? What procedures does it have in place to prevent drivers from using fake licenses? Do they follow these procedures? Why did the lessee travel to Hawthorne, NJ to rent the vehicle? Were there problems with this branch? Is there anything in the lease agreement that is unusual?
All responses will be kept in confidence.
DPHLAW@hotmail.com Thanks.