Legal Question in Insurance Law in Pennsylvania

Automobile Liability

My wife and I were in a car accident. My wife was injured and treated at a local hospital. The cause of the accident was determined by police to be mechanical failure of the car that hit us. The right front wheel of that car became loose and caused the driver to lose control. Two of the lug nuts holding the wheel in place came off and the remaining three were hand tight. The car that hit us was a rental and police theorize that the wheel was not properly secured when it was last changed. Our vehicle was fully insured, although only 2 weeks old with 800 miles. Can we take any action against the car rental agency?


Asked on 6/19/06, 3:50 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Automobile Liability

You probably will not be able to take action against the car rental agency directly. This will have to do with a concept called privity. You didn't have a relationship with the rental agency. The operator of the rented vehicle did.

In Pennsylvania, as in most states, the operator of a vehicle is responsible for the safe operation of the vehicle. In this case, you were harmed by the person operating the rented vehicle. Most likely, that operator will then "implead" the rental agency as it is likely that the rental agency will be ultimately liable.

First and foremost is to make certain that you and your wife are medically checked out and cared for. As soon as practical you should contact an attorney to represent you in this matter. The first inclination of the opposing parties will be to try to get an immediate settlement for the least amount. An attorney can more than earn his keep by making certain that you and your wife are made whole after this accident.

I feel for you. It seems like new cars have a much higher likelihood of having a collision than any other cars on the roads.

Olease feel free to contact me to follow up on this matter.

Regards,

Roger Traversa

email: [email protected]

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Answered on 6/19/06, 7:27 pm


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