Category Archives: Rentals

Auto Rental News Special Report: The Problem with Renting Fast Cars

Posted on December 29, 2015 by Gregory Johnson

I was a featured commentator in this report, the second highest viewed article of Auto Rental News in 2015: Traditional rental companies and leasing companies are protected by laws that eliminate vicarious liability (such as the federal Graves Amendment) or … Continue reading →

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Loss of Use: Is the At-Fault Driver’s Insurer Required to Provide a “Comparable” Rental Vehicle?

Posted on April 24, 2015 by Gregory Johnson

So my car got rear-ended while legally parked next to the curb in front of my house by a car traveling around 35-40 miles per hour. Fortunately, the teen-aged driver of the other car (depicted in the photograph) was insured … Continue reading →

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Hey Dealer, Can I Get a Loaner?

Posted on March 8, 2015 by Gregory Johnson

By Greg Johnson. I recently wrote an article for the Minnesota Automobile Dealer Association’s MN Dealer Outlook Magazine (Winter 2015).  If your Minnesota dealership provides dealer-owned loaner vehicles to customers while the customer’s vehicle is being repaired, you’ll want to … Continue reading →

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The Problem with Renting Fast Cars: A Special Report of the Auto Rental News

Posted on January 7, 2015 by Gregory Johnson

I was recently interviewed in connection with a most interesting article by Chris Brown of the Auto Rental News: “Enter the world of brokering, where fleet funding, commercial insurance and even car ownership are not necessities. As the name suggests, … Continue reading →

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Minnesota Car Rental: Handling BI/PD, UM/UIM & Rental Vehicle Damage Claims

Posted on November 17, 2014 by Gregory Johnson

By Greg Johnson. This article provides a brief overview of Minnesota rental car coverage law, from priority of payment for bodily injury and property damage liability claims to uninsured and underinsured motorist claims to no-fault claims to rental vehicle damage … Continue reading →

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Rental Car Coverage: Diminution in Value, Loss of Use & Loss Damage Waiver (LDW) — the Basics

Posted on November 17, 2014 by Gregory Johnson

By Greg Johnson. This is the first in a series of articles addressing claims for damage to, and loss of, rented vehicles. It provides an overview of the types of damages a rental car company may sustain (and, thus, may … Continue reading →

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Yikes!! Self-Insured Enterprise Rent-A-Car Required to pay $600,000 on behalf of Renter even though Insurer’s Maximum Liability would have been $50,000.

Posted on September 11, 2014 by Gregory Johnson

By Greg Johnson. In Nelson v. Artley, 2014 Ill App (1st) 121681, reh’g denied (July 16, 2014), the court held that a self-insured car rental company (Enterprise) was required to pay a $600,000 judgment against its renter despite the fact … Continue reading →

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Oops!! Self-Insured Owner of Rental Vehicle that had no Obligation to Afford Omnibus Coverage to Permissive Users not entitled to recover $260,000 Settlement Payment.

Posted on September 1, 2014 by Gregory Johnson

By Greg Johnson. In an unusual twist, a rental car company insisted it was obligated to pay damages to a third party who was injured by the permissive operator of its rental vehicle and the renter maintained it was not. … Continue reading →

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The Graves Amendment: Does it Shield a Taxi-Cab Company from Vicarious Liability?

Posted on August 31, 2014 by Gregory Johnson

By Greg Johnson. Does the federal Graves Amendment apply to insulate taxi-cabs from vicarious liability for the negligence of their drivers? The issue is obviously important in the twelve jurisdictions which by statute impose vicarious liability on the owner of … Continue reading →

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The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?

Posted on August 29, 2014 by Gregory Johnson

By Greg Johnson. Does the Graves Amendment apply to membership-based car-sharing companies like Zipcar? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), a federal law which … Continue reading →

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