We are halfway through the summer and many Bay Area families are planning their vacation or preparing to embark on a vacation destination. Many travelers will need to rent a car to driver to their destination or once they arrive by airplane. There are many options that rental car agencies, such as Enterprise, Hertz, National, Avis, Budget, Alamo and others offer customers, including things like vehicle make and model or insurance options. An option that you likely will not be offered nor realize that you should consider is the choice of a vehicle subject to recall as opposed to a safe vehicle.
Most consumers that rent a car do not realize that there is no requirement that rental car agencies fix vehicle product defects before renting a vehicle. Although a new vehicle may not be sold if it is under recall until appropriate repairs have been made, there is no such requirement for vehicles that are being rented to consumers. This means that consumers can and do rent vehicles that have been recalled because of product defects. Federal legislation is now being proposed called the Safe Rental Car Act of 2012 that is intended to remedy this dangerous situation.
The legislation is not based on a hypothetical danger but rather a specific tragic incident that resulted in an avoidable fatal car crash. The legislative proposal is the response to a fatal car accident in which two young women died in a collision involving an Enterprise rental car subject to recall. The fatal collision that was the impetus for the legislation occurred when a PT Cruiser rented from Enterprise burst into flames after a defective fuel system began leaking fuel. Shortly after the rental car with the fuel leak ignited, it collided with a tractor-trailer. Enterprise admitted fault and agreed to pay $15 million to the two sisters injured in the collision following a lengthy legal battle.
The new legislation was proposed after several members of Congress were unable to get the four largest rental car companies to voluntarily enter into a pledge not to rent cars subject to recall until the repairs are made. When a motor vehicle has product defects in fuel systems, steering, tires, braking system and other components, driving the vehicle can be extremely dangerous. Vehicle recalls pertain directly to unsafe features or parts of a motor vehicle. Legislation to compel the repair of product defects before re-renting a vehicle would seem appropriate if rental car companies are not prepared to act voluntarily to protect consumers. Of the four largest car rental agencies, Hertz agreed to sign the pledge while the three other largest rental car agencies—Avis, Enterprise and Dollar Thrifty, refused to do so.
The proposed legislation, which is being sponsored by Barbara Boxer and NY Representative Charles Shumer, requires that rental car agencies take vehicles out of service until any recalls have been addressed with appropriate remedial measures. If you or someone you love is involved in a collision while driving a rental car that may have been caused by a vehicle defect, our experienced San Francisco defective vehicle attorneys provide legal representation to those involved in collisions caused by defective vehicles.
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If you are injured in a San Francisco auto accident, our experienced San Francisco accident lawyers at Zimmerman Law may be able to help. We invite you to contact us as soon as possible because critical deadlines apply. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.