Experienced Counsel for Vehicle Rental Companies and Insurers Morris Duffy Alonso Faley & Pitcoff provides focused litigation defense for rental vehicle companies, self-insured fleets, and insurers in claims arising from accidents involving retail rental vehicles. This is a nuanced area of law shaped by federal transportation statutes, New York Vehicle and Traffic Law, and evolving insurance coverage standards. We represent national and regional rental companies in both liability defense and coverage disputes, and we are well-versed in the statutory interplay between New York VTL § 388 and 49 U.S.C. § 30106 (the Graves Amendment). Key Issues We Handle MDAFP regularly advises and defends clients in matters involving: - Vicarious liability under VTL § 388
- Graves Amendment protections for vehicle lessors
- Disclaimers and policy exclusions asserted by insurers
- Additional insured endorsements and hold harmless provisions in loaner/rental agreements
- Coverage disputes involving self-insured entities or fleet management providers
- Analysis and application of New York Insurance Law § 5102(d) “serious injury” threshold
Our attorneys have successfully obtained discontinuances and dismissals on behalf of rental vehicle companies under the federal Graves Amendment, limiting exposure where ownership-based liability is otherwise asserted. Strategic Litigation Management From early case evaluation through trial or resolution, our team crafts litigation strategies tailored to the unique facts and coverage context of each case. When liability cannot be avoided, we shift focus to disproving causation, contesting injury severity, and utilizing threshold defenses grounded in medical records and expert analysis. We are equally equipped to: - Pursue early dispositive motions
- Develop trial-ready defense plans
- Navigate claims involving multiple layers of insurance
- Coordinate closely with claims professionals and in-house counsel
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