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At one time or another we all have probably rented a vehicle. Perhaps we are on a business trip, using a rental vehicle while our primary vehicle is being repaired, or taking the family on a vacation. When we pick up the vehicle, it has a full tank of gas and is clean and in good repair. At least that is what we assume and expect from vehicle rental companies. However, that may not be the case.

"It is the responsibility of vehicle rental companies to be sure that the vehicles they
are renting are safe for drivers and their passengers," said Fort Myers Vehicle Accident Attorney, Randall Spivey of Spivey Law Firm Personal Injury Attorneys, P.A. "Seek legal advice if you or a family member has been  involved in an accident as the result of a rental vehicle with an unsolved recall or any recalled vehicle."

Raechel Houck, 24, rented a 2004 Chrysler PT Cruiser on October 7, 2004, at Enterprise for her sister, Jacqueline, 20, and herself. The previous month, Daimler Chrysler sent out safety recall notices for 435 thousand PT Cruisers from 2002 through 2005. The notice said the power steering hose could leak, resulting in a fire. The two sisters were killed in a fiery crash while driving the PT Cruiser. Enterprise records showed the PT Cruiser in which the Houck sisters died had not been repaired, that it had been rented four times since the recall, and that the Houcks were the fourth, according to AlertDriving.com.

On July 29, 2014 USA Today reported that the Raechel and Jacqueline Houck Safe Rental Car Act of 2013 was written to ensure that rental fleets complied with recall notices. However, as of April 2015 this Act has still not been enacted according to the American Automobile Association (AAA). AAA reports that, although vehicle rental companies have pledged to comply, this is only a voluntary action on their part. The Act would require them to comply. Consumer safety groups such as Consumers Union, the advocacy group of Consumer Reports, the Transportation Secretary Anthony Foxx and the new chief of the National Highway Traffic Safety Administration (NHTSA), Mark Rosekind have joined the effort to urge Congress to pass this Act.

The proposed law, according to USA Today, "Authorizes a rental company receiving a notification (approved by the NHTSA) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied."

Consumer Reports says that, "If a new car is recalled for a safety problem, it is illegal for a dealer to sell you that car until the issue has been fixed. However, no similar protection exists for a person who rents a recalled car. Under current federal law, rental-car companies are not required to fix a defect or even tell you about a probable defect before you drive off the lot."

As a precaution, the AAA recommends that, before leaving the rental counter, renters check on the vehicle they are being assigned. The vehicle identification number is printed on the rental agreement. With this number and a cell phone, motorists may look up recalls on the NHTSA website - Safercar.gov. If the vehicle is listed and the rental agency cannot prove that the defect has been resolved, the vehicle renter should not accept the vehicle. If the rental has been pre-paid, the rental should ask for another suitable vehicle or a complete refund.

Lee, Collier & Charlotte County Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.