Auto Rental News
MenuMENU
SearchSEARCH

Mitigating Liability in Rental Operations

Rental operators should be aware of risks on premises and when employees are driving on the company's behalf. One simple tip could protect loss ratios and limit your risk.

by Teresa Quale
March 15, 2016
Mitigating Liability in Rental Operations

Photo via iStockPhoto.com/MilesDavies

3 min to read


Separate from renters’ use of your vehicles, as a rental operator, you have two other distinct liability exposures to protect against: First, there is the risk of injury to your customers when they are on your premises, typically covered on a general liability policy.

Second, a potentially significant liability exists any time an employee is driving on your behalf, whether transporting customers in a shuttle bus or driving a fleet vehicle personally.

Ad Loading...

Photo via iStockPhoto.com/MilesDavies

Risks on Premises

The highest standard of care is owed to your rental customer (legally, “an invitee”). Not only do you need to maintain your walkways, parking lots, and front office space, you also need to regularly inspect your premises to ensure that all potential hazards have been identified and properly handled.

Problematic conditions that have created actual claims for rental locations include:

• Curbs where the identifying red or yellow paint is faded or gone.

• Landscaping that has overgrown and blocks an individual’s path or has buckled the pavement, creating a serious “trip & fall” hazard.

• Outdoor lighting that is so dirty and/or is no longer working that dark areas are created where the public must walk at night.

• The failure to treat ice outdoors or spills inside that are left unattended.

The courts will look to you as the business owner to reasonably maintain your entire location to ensure that the public is safe and protected from conditions that might result in an injury. Failure to do so could result in a customer sustaining a broken arm or fractured ankle and holding your company responsible to pay the medical bills and wages lost.

Employees Driving Rentals

Employees drive on behalf of the company in various situations, from transporting customers in a shuttle bus to driving them in a rental vehicle.

Ad Loading...

Shuttle vans full of customers and suitcases are ripe with the opportunity to create injury incidents and claims against the rental operator. Although typically moving at slow speeds, these vans are constantly in high traffic areas, loaded down with luggage and full of passengers not wearing seat belts.

Extra care must be used when transporting your disabled and/or wheelchair customers. It is recommended that your shuttle operators undergo additional training in driving these types of vehicles — and in particular, the proper way to strap in a wheelchair.

Use an agreement

Any time a vehicle from your fleet is being driven by an employee, who is not on a rental agreement, your liability increases and your higher “owner’s” limits (not just your state financial responsibility limits) are exposed. This may be unavoidable in certain limited “business need” circumstances; for example, if the vehicle is being taken for service or used to pick up an individual rental customer.

Many rental companies let employees use vehicles from their fleet as a perk or reward. This could be a good way to compensate a worthy employee, provided you always put the vehicle with that employee’s information on a rental agreement and charge a nominal daily cost. In this way, you will limit your company’s liability to a third party to your state’s financial liability limits.

Additionally, if you are located in a primary state (where the renter’s personal auto policy comes first) the claims will be submitted to that employee’s personal automobile insurance and not yours. This will protect your loss ratio with your rental fleet carrier and limit your risk. If you do not choose to protect your company in this manner, be aware of the larger liability created by your actions.

About the Author

Teresa Quale is the executive director of Sonoran National Insurance Group. She can be reached at teresa.quale@sonorannational.com.

Subscribe to Our Newsletter

More Rental Operations

A tech collage of electronic devices against a computer chip blueprint map.
Rental OperationsMay 1, 2026

Why Car Rental Can No Longer Run On Workarounds

The shift from branch-based software to connected operations is turning rental technology into strategic infrastructure.

Read More →
A tech collage of electronic devices against a computer chip blueprint map.
Rental OperationsMay 1, 2026

Why Car Rental Can No Longer Run On Workarounds

The shift from branch-based software to connected operations is turning rental technology into strategic infrastructure.

Read More →
A black Audi SUV superimposed on a historic scene from downtown Tashkent, Uzbekistan.

Carwiz Sets Up Rental Operations In Central Asia

The global franchise operation reaches a first in its rental fleet portfolio with new service in Uzbekistan.

Read More →
Ad Loading...
A raging brushfire in the countryside.
Rental Operationsby Martin RomjueApril 30, 2026

Where Rental Fleets Must Adjust To Shifting Catastrophe Risks

West Coast disasters pose unique challenges and liabilities for rental fleet operators, who are advised to take steps tailored to their specific situations.

Read More →
ARN Industry Newsmakers thumbnail page with ARN and ICRS logos and shots of Nick DiPrima and Martin Romjue
Rental Operationsby Martin RomjueApril 27, 2026

Using AI To Find Rental Car Damage

Angry car renters are storming social media, the mainstream media, and online ratings platforms to complain about charges they claim are either unfounded or excessive.

Read More →
Photo of CEO Krešimir Dobrilović against a gray modernist crooked-tile mural display.

Carwiz Opens Car Rental Service In Panama

A Carwiz partner in Puerto Rico is taking on the Panama franchise with operations in the nation's largest airport.

Read More →
Ad Loading...
A world map with Flexways logo and new locations headline.

Flexways Opens 10 Locations Among Franchise, Affiliate Rental Networks

The integrated business model combines each operator’s local expertise with international standards to boost sales.

Read More →
Photo of a suitcase, passport, and smartphone.

Traveler Customer Satisfaction Up This Year Data Study Shows

The study looks at customer analytics to size up performance in car rentals, rideshare, airlines, lodging, and OTAs.

Read More →
A rental car between two placards showing a symbolic revenue increase from $300 to $1600.

New Consulting Company Ready To Boost Point-of-Sale Revenue

Revcuity, an outgrowth of Frontline Performance Group, aims to help clients capture more revenue moments with face-to-face customers, including in the car rental space.

Read More →
Ad Loading...
Martin Romjue stands at conference stage podium close to a dangling, glistening chandelier.
Rental Operationsby StaffApril 15, 2026

Meet The (Semi-New) ARN Editor

Martin Romjue has been editing and reporting for ARN since 2023 and fully transitioned to the role of chairman of the International Car Rental Show in 2026.

Read More →
Ad Loading...