Renting a Car, Know Your Rights

You are on vacation, and like most people you rent a car. As part of the rental process, you show the agent at the counter your driver’s license. You are asked, “are there going to be any other drivers of the vehicle?” and you say “no, just me” before leaving with the car. The question you should be asking is: if you are renting a car, do you know your rights?

Now let’s say you are traveling with a spouse, a friend, a significant other, or any other properly licensed driver, and they ask you if they can take the car just to “pick something up; they’ll be right back”.

Sound familiar?

Now let’s say that the unregistered driver of the rental car gets into an accident and causes damage to a third party or to the car you rented, which you know would be completely covered if you were the driver.

The insurance company now tells you that you are personally responsible for the damages to the car and/or third party because you let “an unauthorized” person driver operate the rented car.

DON’T FALL FOR THAT LINE! Under New York State Law, you are protected.

New York State Vehicle and Traffic Law (VTL) section 370 requires rental car companies to provide insurance for their vehicles, including minimum liability coverage for bodily injury. The VTL further requires that such insurance “insure to the benefit” of the permissive user of the vehicle.

The New York State Court of Appeals held in MVAIC v Continental Nat’l. Am. Group Co. that where the lessee of a rental vehicle PERMITS another person to operate it, the rental company is deemed to have constructively consented to such use, and here is the important part, folks, that is EVEN WHERE THE LEASE VIOLATED THE RENTAL AGREEMENT BY ENTRUSTING THE RENTAL CAR TO ANOTHER.

In following the lead of the Court of Appeals, the Appellate Division of the State of New York, stated in Lancer Ins. Co. v Republic Franklin Ins Co., the fact the lessee was the only individual expressly authorized to operate the rental car in the case does not make the driver a non-permissive.

Know your rights? Do not assume the insurance company of the rental car company is protecting you or your rights.

For any further questions, or any other issues, please contact us at 631-622-2080 and please like us on Facebookfor more great law insight.

 

“Renting a Car, Know Your Rights” was written by Michael B. Schulman, Managing Attorney.

Michael B. Schulman is now a licensed Real Estate Broker in the State of New York

We are pleased to announce that Michael B. Schulman is now a licensed Real Estate Broker in the State of New York. As always, Michael B. Schulman & Associates, P.C. is here to assist you with regard to any real estate transaction from the time of sale to closing, or to assist in your obtaining a lease for residential or commercial spaces. Please feel free to contact us at 631-622-2080.

Maybe you are a first time buyer or seller of a home, condo or coop.  Maybe you are buying a property to flip. Whether it is a short sale, a multi-family home or a commercial property, you want to work with a group of lawyers who are competent and knowledgeable with regard the various transactions.  Michael B. Schulman & Associates, P.C. pride themselves on  representing  you and only you. We do not represent the bank or lending institution. You can rest assured of getting our complete and undivided loyalty and attention.

Our attorneys will review and prepare all of the necessary documents to ensure you a proper closing. From the contract to loan application, the  title report to the final closing documents, the attorneys at Michael B. Schulman & Associates look to eliminate any “cloud” on title. We review the survey and legal description to make sure they match. We look to make sure that there are no open permits, building applications or violations and see to it that the building has all of the proper certificates.

If there are any obstacles prior to closing, whether you are the seller or buyer, we have the expertise to help you overcome those obstacles. 

If you are a Landlord of a multi-family unit, single family unit or commercial property, Michael B. Schulman & Associates can assist you in reviewing and/or drafting the lease to ensure that the terms are what you want, prior to you signing. 

Our goal at Michael B. Schulman & Associates is to consummate the deal. However, as we all know, sometimes things do not go as planned. If the necessity arises we carefully prepared to litigate a deal that goes “bust”.

Michael is a well-respected attorney in the community who has obtained a wealth of experience in his 30 plus years as a New York attorney. As the founding member of the firm, Michael has taken it upon himself to embody the cornerstone motif of “Professional, Personal and Proficient” in all aspects of his life.

Michael is happily married with two grown children and four small dogs. He is eagerly awaiting the arrival of his first grandchild due in the summer of 2015.

An avid golfer who loves to show off his framed “Hole in One” ball, Michael is a proud member of the Old Westbury Golf and Country Club where he was treasurer and held a position on the Board of Governors. Michael enjoys working in his yard, creative carpentry and traveling when the opportunity arises.

Unlike Michael roots for the underdogs, like the NY Mets. Baseball season brings out a “healthy competition” in the office.

 

“Michael B. Schulman is now a licensed Real Estate Broker in the State of New York” was written by Michael B. Schulman, Managing Attorney.