Tagged Graves Amendment

The Graves Amendment: Challenges, Interpretations, and Answers

More than 10 years after its enactment, we have answers regarding the interpretation of the Graves Amendment and a blueprint to use it to limit liability.

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Seize the Subrogation Opportunity in the Graves Amendment

Under the Graves Amendment, car rental operators have the right to subrogate on liability payments caused by your renters. Are you exercising this right to lower your loss runs?

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2012 Car Rental Show: Collaborating for Change

With some 700 attendees this year, the Car Rental Show demonstrated the renewed vigor in the domestic market and the industry’s rapid international growth.

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Graves Law Denied Review by U.S. Supreme Court

The law, which was passed in 2005, had been challenged by the Association for the American Justice in September through a petition for review.

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Trial Lawyers Seek Supreme Court Review of Graves Law

Graves Law, originally passed in 2005, prohibits states from imposing vicarious liability on non-negligent owners of rented and leased vehicles. A group of lawyers recently filed a petition for review and responses to the petition are due by Oct. 21.

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Florida Supreme Court Upholds Graves Law

In Vargas v. Enterprise Leasing Co., the Florida Supreme Court rejected the plaintiff's argument that Florida statutes that set caps on vicarious liability are "financial responsibility laws" that are preserved by the Graves Law.

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ACRA Panel: A Rational, Safe Way to Handle Recalls

During its panel at the Car Rental Show, the American Car Rental Association board worked through recall legislation, threats to vicarious liability reform and what’s next with no-show fees (let’s start calling them guaranteed reservations).

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Guest Editorial: All I Want for the Holidays

Bob Barton, president of the American Car Rental Association, asks the car rental industry for discipline, consensus and cooperation on the things that, if implemented, will benefit the industry as a whole.

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Sharon Faulkner Appointed Executive Director of ACRA

Faulkner brings more than 35 years of experience in car rental, as a corporate area manager, franchisee, independent RAC owner and legislative advocate.

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Canadian Province Approves Vicarious Liability Reform

Alberta's new regulation will limit the liability of non-negligent owners of vehicles operating under both long-term lease and short-term rental agreements.

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TRALA Defends Graves Law in U.S. Senate Hearing on Vicarious Liability

TRALA President and CEO Tom James testified before Congress Tuesday in support of preservation of the existing federal law, known as the Graves/Boucher Law, which preempts states from imposing vicarious liability on owners of rented and leased vehicles.

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Appeals Court Affirms Graves Law Preemption of Vicarious Liability in GMAC Lawsuit

The appeals court upholds an earlier ruling that GMAC could not be held for vicarious liability or negligent entrustment claims.

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Developments in Negligent Entrustment Law

Are increases in negligent entrustment lawsuits a result of injured plaintiffs blocked by the Graves Amendment?

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Zipcar Granted Graves Protection

A New York state judge rules that the use of a car in exchange for a fee appears little different from traditional rental companies, even though Zipcar’s marketing statements contrast it with those companies.

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Coalition Succeeds in Effort to Stop Repeal of Graves Law

The TRALA, other industry associations, rental companies and vehicle manufacturers formed a diverse coalition, which stood in opposition Congressman Braley’s amendment to the Motor Vehicle Safety Act of 2010 to repeal the Graves Law.

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Here We Go Again: Graves Amendment Under Attack

A proposed amendment to the Motor Vehicle Safety Act of 2010 would overturn existing law preventing vicarious liability of renting and leasing companies. Industry associations claimed a small victory this week—but it may not be over.

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NY Appeals Court Upholds Vicarious Liability Repeal

In a major victory for the vehicle renting and leasing industry, a New York appellate court has upheld the Graves Amendment as constitutional and valid.

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Graves Amendment Under Attack

The legislation that eliminated vicarious liability of owners of rented or leased vehicles has held up in most decisions. However, its constitutionality is being challenged in cases in New York and Florida.

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Florida Court Upholds Graves Amendment – Again

The positive ruling on the Graves Amendment's constitutionality is the second time that Florida's Third District Court of Appeals has upheld the authority of the federal law.

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Graves Amendment Upheld in Florida

A Florida Court of Appeals prohibits vehicle rental company liability when there is no negligence.

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Car Rental’s Call to Action on Autonomous Vehicles

The car rental industry has built-in advantages to support a world with driverless cars, but it needs to take the next step in partnering with autonomous vehicle stakeholders.

Iran — a Growth Market for Car Rental?

The second largest economy in the Middle East is poised for foreign investment, if post-nuclear deal jitters can be eased.

Rentals and Terrorist Activity: Time to Hone the Plan

Terrorist activity is frequently tied to a rental vehicle. In today’s heightened risk environment and the potential for terrorism from within, local operators need to hone an action plan.

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