There are many arrangements to be made when planning for vacation from making airline and hotel reservations to reserving a rental car. There are also a great number of variables that can go wrong. One issue that few people worry about is whether their rental car is safe. A significant number of summer travelers may end up renting cars that are subject to recall and have not had the repairs done. It may be surprising, but there are no current laws or regulations that require rental car companies to fix recalled vehicles before leasing them out to the next customer.
New legislation called the Safe Rental Car Act is being proposed by Senator Charles Schumer (D-NY) to address a number of recent crashes involving rental vehicles with recall issues that were not repaired prior to providing the vehicle to the consumer as a rental. A notable example that received national attention involved a case in California. Two sisters were killed when they rented a PT Cruiser that they rented erupted in flames causing the car to collide with a tractor-trailer. The PT Cruiser had been recalled because of the possibility of a leak in the power steering fluid that could cause the vehicle to catch on fire. The sister’s family filed a wrongful death lawsuit against Enterprise and recovered an award of $15 million.
The problem stems from what has been characterized as a “loophole” that permits rental car agencies to send vehicles out on the road that could not be sold by car dealerships. Rental car agencies repair vehicles subject to recall a mere 33 percent of the time within a month of the recall according to data from the National Highway Traffic Safety Administration (NHTSA). It is even more alarming is that only half of all rental cars subject to recall are repaired even a year later. Data from General Motors regarding the number of rental cars fixed within three months of a recall reveals that although Enterprise was involved in the $15 million product liability verdict, it is not the worst offender:
• Enterprise repairs not fixed within 3 months of recall: 35 percent
• Hertz repairs not fixed within 3 months of recall: 66 percent
• Budget/Avis repair not fixed within 3 months of recall: 47 percent
The bottom line is that it is estimated that tens of thousands of defective rental cars subject to recall are currently on the roadways. While the proposed legislation is a step in the right direction for those who live and vacation in New York, it does little to help us here in Mississippi. Admittedly, some defects subject to recall do not pose significant safety hazards, but the law is now silent on ALL rental car defects.
When a car rental company rents a car to an unsuspecting traveler without repairing a defect that makes the vehicle unsafe and fails to disclose the defect and potential risks to the consumer, the rental car company should be held accountable. Defects like the one in the fatal PT Cruiser rental car accident lawsuit needlessly puts unsuspecting consumers at risk. Anyone renting a car should ask if the vehicle they are renting has been recalled and whether the defect has been repaired. If you or someone you love has been injured or you have lost a loved one in a Mississippi car accident involving a rental car, the Mississippi car accident attorneys at Barrett Law Offices can advise you on your rights to seek compensation. We offer a free initial no obligation case evaluation so call us today at (662) 834-2376.