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Rental car brake failure leads to accident

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jc233

Member
Hi, I would appreciate any help with this issue.

Two weeks ago, I rented a car from a famous car-sharing rental car company to pick up some stuff from outside the city. I drove back to the residential condominium building where I am a tenant. I drove up to the driveway at the back of the building which led down to the garage door. I parked there, downhill, in front of the door, to take the stuff that I picked up outside of the car. I took it out of the car, which was still running, and I put it to the side.

I then got back into the car to back out of the driveway. When I put the car on Reverse, the engine stopped working and the car started rolling forward. The electronic brakes didn't respond and within 2 seconds the car had hit the garage door. The engine had completely died, and the car wouldn't turn on again until I called the rental company to reactivate it. The rental company's insurance company has agreed to pay for the garage door repairs, but is refusing to pay the building for associated costs, related to 'hiring staff to man the door until it is fixed'. These costs could run up to more than 3 thousand dollars. The car company has so far not acknowledged that their car was at fault. Not to think what might have happened if I was parked on a hill or on a highway. There are past incidents of this happening. Both to the car rental company, and with the brand of car that I was driving (the car company recently called back 300,000 of this model).

In my biased opinion, the rental company is obviously responsible. Their system has a problem which could have led to a serious accident. The car's anti-theft alarm system likely de-activated the car's engine, including the electronic brakes, leading to the incident. The building is now threatening to pursue me for the $3.5k in staffing fees. I have been driving for 8 years and never had an accident. I never pressed brakes that didn't immediately work. There is video of the incident showing me struggling to brake for the two seconds before the car rolled into the door. The building has opted to hire someone and threaten me with their salary fees, without a special assessment, or without even attempting to put a sign that says that no entry is allowed, and that there is a camera. What should I do?

Previous incident of the electronic brakes failing with rental cars here: https://Link removed
 


HighwayMan

Super Secret Senior Member
You conveniently completely ignored the question about what state you're in.

What kind of car is this that has "electronic brakes"?
 

Zigner

Senior Member, Non-Attorney
You should not have left the car running (it may even be against the law.) Furthermore, you should have parked against the curb and turned your wheels in the proper direction.
 

HighwayMan

Super Secret Senior Member
I read the link the OP posted on another site which was a link to someone's blog post about a similar issue.

There was no brake failure and the vehicle does not have "electronic brakes". Apparently the issue is with the rental companies electronic system which allows renters to start the vehicle.
 

jc233

Member
@HighwayMan I am in Washington, DC. And the rental car's electronic system issues led to brake failure, since the brakes didn't work when I pressed on them.

@Zigner I was parked against the curb and the wheels were turned.
 
Last edited:

HighwayMan

Super Secret Senior Member
Power brakes don't "fail" when the ignition is off, it just takes more effort to engage them.
 

jc233

Member
Power brakes don't "fail" when the ignition is off, it just takes more effort to engage them.
Not in this case. I was pressing as hard as possible. ZipCar didn’t even deny this happening during past incidents, they described it as an anti-theft alarm system.
 

Zigner

Senior Member, Non-Attorney
Again, brakes don't cease functioning when the engine/ignition is off. They simply take much more force to use. I can believe that, heading downhill, you wouldn't be able to apply enough force within 2 seconds to stop the car.

ETA: This is especially true in vehicles that rely on something other than vacuum for their power assist.
 

jc233

Member
Again, brakes don't cease functioning when the engine/ignition is off. They simply take much more force to use. I can believe that, heading downhill, you wouldn't be able to apply enough force within 2 seconds to stop the car.

ETA: This is especially true in vehicles that rely on something other than vacuum for their power assist.
The car was rolling down very slowly. It would not work again until I called ZipCar to activate it remotely.

Another point is that the building hired someone without first informing me. I happen to know someone who would do it for much less. Taking one month from the time of the accident to fix the garage door also seems ridiculous to me. Should I be resposible for their delays?
 

Zigner

Senior Member, Non-Attorney
The car was rolling down very slowly. It would not work again until I called ZipCar to activate it remotely.
One last time - the brakes will work, albeit with much greater effort. I've had trouble stopping my cars from rolling slowly down a slight slope in the past...the problem is most noticeable at slow speeds. I'm not blaming you on this one, I'm just pointing out the brakes (probably) didn't malfunction.

Another point is that the building hired someone without first informing me. I happen to know someone who would do it for much less. Taking one month from the time of the accident to fix the garage door also seems ridiculous to me. Should I be resposible for their delays?
Whether or not those delays are reasonable would have to be negotiated or decided in court. If the matter goes to court, then Zipcar's insurance should defend you. You have up to $25,000 liability insurance through Zipcar (since you joined before July 31st, 2018), so that's plenty. If you are found liable in court, then Zipcar's insurance should pay.
 

jc233

Member
One last time - the brakes will work, albeit with much greater effort. I've had trouble stopping my cars from rolling slowly down a slight slope in the past...the problem is most noticeable at slow speeds. I'm not blaming you on this one, I'm just pointing out the brakes (probably) didn't malfunction.

Whether or not those delays are reasonable would have to be negotiated or decided in court. If the matter goes to court, then Zipcar's insurance should defend you. You have up to $25,000 liability insurance through Zipcar in New York (since you joined before July 31st, 2018), so that's plenty. If you are found liable in court, then Zipcar's insurance should pay.
Thanks for this. Very helpful.

ZipCar’s insurance specifies that they are liable for third party property damage up to 25k. Does that usually include associated costs?
 

Zigner

Senior Member, Non-Attorney
Thanks for this. Very helpful.

ZipCar’s insurance specifies that they are liable for third party property damage up to 25k. Does that usually include associated costs?
If the costs are attributable to the accident. They will either negotiate the matter, or take it to court. Since they already have denied it, then they should take you to court.
 

Mass_Shyster

Senior Member
If the building owner believes that you are liable for the damages to the building and the consequential costs associated with that damage, they are free to sue you.

If you are sued, and you believe that a third party (like Zipcar) is liable for those damages, you can implede them as a third party defendant.

If you believe the insurance company should indemnify you for those damages, you can implede them as a third party defendant. This would require that there is a contract between you and the insurance company. There's a good chance that any contract is between the insurance company and Zipcar. If that's true, they would have no obligation to indemnify you.

There's also a possibility that any contract excludes consequential damages.

The cost of the security person is a consequential damage, not property damage.
 

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