Driver Background Checks & Hawthorne NJ

[NYCLAW]

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.

[Dom182]

Originally Posted by NYCLAW

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.

I'm not an expert by any means, but is doing a background check on a renter even legal?

My personal opinion about vicarious liability is less than charitable. To hold anyone but the person or entity directly responsible for the accident to me is idiotic. There are exceptions to this such as those who provoke an incident or the like

[slave no more]

Originally Posted by NYCLAW

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.

You should know that a renter would have to sign a consent form before running a background on them. Some rental companies run a person MVR but it is rare and usually only at airports. The reason you are going against ERAC is not because you are some Cherub of Justice but because they have the deepest pockets.

[Robert]

Originally Posted by NYCLAW

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.

I feel sorry for your client. This is just another sign that the liberal left is allowing convicts out of prison early to do even more damage to society. Background checks would be Orwellian wouldnt it, just to rent a car? It is easy to fake a drivers license, I am sure the vermin that hit your client had a good one. He probabaly went to hawthorne because he knew someone there that would hook it up for him. You should shakedown the manager at the time and the actual employee who wrote the contract and see what they knew. Keep us informed, I hope you and your client win.

[Robert]

Originally Posted by slave no more

You should know that a renter would have to sign a consent form before running a background on them. Some rental companies run a person MVR but it is rare and usually only at airports. The reason you are going against ERAC is not because you are some Cherub of Justice but because they have the deepest pockets.

Slave....someone needs to go to bat for the poor woman who had her life ruined.

[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.

[Robert]

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.

I assume the perp declined any liability protection??

[slave no more]

Originally Posted by Robert

Slave....someone needs to go to bat for the poor woman who had her life ruined.

Sorry I guess I jumped the gun. Did you check to see if the renter had his own insurance? Have you attempted to contact or sue the driver? I just ask because nowadays I could probably be a lawyer. Find a victim, find the deepest pockets and then hope to settle. Sounds pretty easy. I feel for the person but what professional comes to a bitch and moan website for information when it comes to "Going to bat" for someone. This lawyer is basically having other people do work for him. Where is my cut?

[iriswalt]

The branch in hawthorne is known to rent to unsavory characters. Known drug dealers have rented from this branch in the past along with the paterson branch. In 03 the manager's name was JR and he was willing to roll any deal. The employee at the counter is the only person that can make the decision if a license is valid or not. No special steps are taken to varfiy if the license is real. People come to Nj from ny to rent because it is less expensive that can rent for cash plus he probably knew somoene at the branch. but drug dealers rent cars all the time so the police do not get suspicious of the same vehicles at there dope spot.

[Nota40%er]

Look an ambulance! Go chase it NY CLAW!