The rental car company would not face liability for a car accident unless it directly or indirectly contributed to the crash through negligence. “Negligence” can be any action a reasonable and prudent entity would not take, or a failure to act when a reasonable party would have acted. Proof of the company’s negligence is a necessary element if one wishes to file a claim against a rental car facility. Examples of rental car company negligence include:
Poor vehicle maintenance. It is a rental car company’s duty to ensure the vehicles it rents out are safe and roadway-ready. The company must invest in regular vehicle maintenance, prompt repairs, part replacements, inspections, and car cleanings to keep its fleet of vehicles in shape for renters. Lack of maintenance and an unsafe car could expose the company to liability.
Refusing to fix a known dangerous defect. If a renter, manufacturer, or mechanic warned the rental company of a dangerous defect in one of its vehicles, but the rental company failed to fix it, the company could be liable for a subsequent accident.
Engaging in illegal business practices. Using an uncertified mechanic, renting to unlicensed drivers, skipping maintenance checks, and repairing broken parts with low-quality replacements are examples of misconduct that could get the rental company into legal trouble.