In 1995, the rules of vicarious liability were altered through something called the Graves Amendment. The Graves Amendment was an amendment that eliminated the ability for claims to be made against car rental and leasing companies. According to the amendment, those who are injured in a car accident involving a rental car could no longer use vicarious liability. It is a law initiated at the federal level, so if you are going to rent a car, it is important to understand how it will affect you and your personal liability. If you are in an accident in a rental car, it is imperative to consult a St. Louis car accident lawyer to understand your liability.
What is the Graves Amendment?
A federal highway bill signed in 1995, the Graves Amendment stops vicarious liability to rental car companies and disallows them from being responsible for vicarious liability. If a rental car company rents their car out to a driver, they are no longer liable for any damages that can result from a car accident. The only way that a rental car company could be responsible is if the driver can show that the injuries and damages were a direct response to the company’s negligence.
The amendment states that a rental car company can not be held liable if they rent out a vehicle to a driver. Those exempt from vicarious liability are owners who engage in renting vehicles to people for business or are in a trade involving leasing or renting cars. For any company to be liable, it has to be proven that the rental company or owner was engaging in wrongdoing or committing criminal acts.
Interstate Commerce Law
Since most rental cars will cross over state lines, any state-mandated laws are trumped by the Graves Amendment. Due to interstate commerce law, the state’s laws don’t apply to rental or leasing car agencies. It has also been applied to renting trailers, tractors and other vehicles in previous lawsuits.
The Graves Amendment was born out of the lack of resources that rental car companies had when it came to liability. If the rental car companies were going to be able to operate, the vicarious liability laws were causing them millions of dollars in car accident settlements due to driver negligence. Named after Representative Sam Graves, if rental car companies were going to be able to keep their doors open, something needed to be done to limit their liability for driver’s negligence.
How the Graves Amendment Affects Rental Car Drivers
If you are going to be renting a car or leasing one, then you have to make sure that if you are in an accident, you are covered. Since vicarious liability doesn’t apply to rental car drivers, then it is imperative that you check with your car insurance carrier to protect yourself if you are at fault while driving a rental car through your individual policy. If you are unsure about your liability it is a good idea to consult a St. Louis auto accident attorney.
To find out if you are covered when driving a rental car, you should call your insurance carrier directly. If you aren’t provided coverage, then it would behoove you to add the additional insurance that rental car companies offer.
When to Call a St. Louis Car Accident Attorney
If you have been in an accident in a rented or leased car and are having difficulty sorting through it all the best way to protect yourself consult The Hoffmann Law Firm, L.L.C. Call us today at (314) 361-4242.
Chris Hoffman is an excellent attorney. He is the best above the rest. What makes him different? He communicates promptly - I don't have to leave message after message for him to reach out to me. When I telephone his office, if he doesn't answer the telephone, his assistant does. Chris Hoffman is very attentive and focused. He means business, and he hit the ground running on the cases. I'm so blessed to have him for my attorney.
"Of all the lawyers I have met, this one is a true professional. This attorney goes against the biggest law firms and wins!"
Response from the owner:The compliment is much appreciated. Like every profession, it all starts with training our lawyers to be the best at every aspect of car accident cases. But the foundation of a great case is a great client. Thanks!
I'd say this lawyer is in the top three of the best you'll ever see. Add this attorney to the interview list if you ever get in an automobile accident. This Law Firm is on another level.
Response from the owner:Much appreciated. Techniques that an attorney or any professional uses are paramount for success. This is part of our lawyers training and preparation. It leads to success. Thank you!
People say this is the best car accident lawyer in St.Louis. Yep! Seeing this attorney in action is incredible.
Response from the owner:Great compliment. We work hard to be the best. Our lawyers also work very hard to help other lawyers in our profession. Not matter what, a cases is only as good as the client is. Thanks!
Response from the owner:Thanks! Referrals and recommendations from prior car accident clients is our #1 source of cases. People who grew to trust us send family and friends.
The Hoffman law firm is truly professional. After hiring them I was truly relieved and knew I was in good hands. Highly recommend!
Response from the owner:Being in good hands is important. Many lawyers take cases with little experience and little resources. Our firm specialized decades ago. We are focused exclusively on accident cases.
The lawyers on tv just dont compare for auto accident injury cases. Mr.Hoffmann is as good as they get.
Response from the owner:Thank you. The TV attorneys are just settlement mills. People are hiring a paralegal, not a lawyer. Our law firm is different. You are represented by an attorney and we do not have settlement quotas.
I would describe this lawyer as highly educated, sharp, and top of his game. Explains the car accident process and treatment options well. The lawyer said if they don’t pay you, we will have the jury take it from the insurance company. Great lawyer. Dynamic person.
Interviewed all the TV car accident lawyers and decided to call this law firm that had great reviews. So happy I did. What a difference!
Response from the owner:TV car accident lawyers are just mass production. This is not a good fit for litigated cases. Paralegals instead of lawyers. Monthly quotas for settlements. Car accident victims end up in a cattle call with the lawyers on TV.
Love my car accident lawyer. This law firm is a step above.
Response from the owner:Our lawyers train and track the best approaches on cases. Whether litigation in cases or the practicalities of certain treatment, the growth of our lawyers over time is paramount. Always staying ahead of and setting practice trends. Thank you.
Serious family member have a car accident injury? Look no further. This litigator is for real. Always two steps ahead of the other lawyer.
Response from the owner:This is a sad reality for car accident lawyers. The #1 passenger in an auto accident is a relative. Helping a family make it through this and putting the family back together is one of the most rewarding things I do as an automobile accident attorney.
This lawyer handles really big accident cases in St Louis. He is a lawyer, accountant and has his masters in tax so he gets the injury cases for individuals that can never go back to work or individuals own a business and cannot run it due to injury. He specializes in valuations of massive loss. Thank goodness a firm like this exists.
Response from the owner:Thank you. When accident are severe and you lose the ability to work or to continue a business, having an accounting and tax background is key. Valuing large losses are second nature for us.
Asked a trauma surgeon who operates on car accident victims who are the best injury lawyers that have taken his deposition. He said “by far” it was Mr Hoffmann. Interviewed several attorneys and this was a correct assessment. In a league of his own!
Response from the owner:Our attorney have deposed nearly all the trauma surgeons at every Level 1 Trauma Center in Saint Louis. These doctors save lives after a car accident. Whether controlling bleeding or reestablishing blood flow or bone structures, they are life savers.
Few lawyers in St. Louis can handle the biggest injury cases! This is one of them!
Response from the owner:Our law firm has made great efforts in terms of training to handle life changing injury cases. Whether in depth knowledge of the medical, loss of income and earning capacity, or lifetime medical care plans, our clients feel confident and know their case is in good hands. Thank you for the compliment.
Cannot say enough about this lawyer. Call if in an accident. This attorney handles the biggest car accidents in St Louis.
Response from the owner:Thanks Ash! Our biggest source of cases is our clients. Our second biggest referral source is defense lawyers telling their relatives to call us. Few lawyers can handle the largest cases. Our law firm welcomes and has trained for this. We don’t do mass production settlement like the lawyers on TV. Our clients can never go back to work. Their cases need massive focus and effort and often long fought litigation.
So glad I called attorney Hoffmann. This time I got it right! So glad I hired the Hoffmann Law Firm - professional, reliable and available.
Response from the owner:Thanks Taylor. Our lawyers answer the phone day, night, weekends and even during lunch. Being professional means training to beat the best defense lawyers. Client rely on us to get results and we do.
Great lawyer. Cares about his clients, knows his stuff and goes the extra mile. I recommend this lawyer for car wreck injury claim. Every other lawyer on TV would not even help with my property claim. This attorney did.
Response from the owner:Thank you for the kind words. Every case starts with a great client. You are correct the car accident lawyers on TV are mass production settlement mills. When injury clients fire them, we get their files and the cases are not worked up at all. Appreciate your confidence in us!
Why Choose Us over TV Lawyers?
Direct Attorney Access (24/7)
Maximum Compensation Focus
Trial-Ready Cases
Team-Based Handling
Volume-Driven Timelines
Less Trial Preparation Emphasis
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!
