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Category Archives: Rentals
The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
By Greg Johnson. Does the Graves Amendment apply to auto dealerships who provide loaner vehicles to their customers? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, Duty to Indemnify, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Odd Federal Graves Amendment Case: to Avoid Vicarious Liability Owner of Vehicle Must Prove its Affiliate was also Free of Negligence.
By Greg Johnson. In Stratton v. Wallace, 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014), the court came to an odd result under the Graves Amendment (Transportation Equity Act of 2005 (49 USC § 30106)), a statute intended to … Continue reading
Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
By Greg Johnson. Over the past twenty five years, I’ve represented many companies engaged in the business of leasing or renting vehicles. In the 1990’s, prior to the passage of the Transportation Equity Act (49 USC § 30106) (a/k/a “Graves … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Commercial & Personal Auto: Permissive Use, Omnibus Coverage & Split Liability Limits
I often receive questions regarding the “rules” which apply to accidents involving rental vehicles, loaner vehicles, leased vehicles, demos, spot-delivered vehicles, etc. I thought I’d take some time to update some of my seminar materials and provide an update. … Continue reading
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