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Rental Wreck Victims Locked Out Of Court

Posted: 9:42 am EDT April 27, 2009

An Action 9 investigation found a little known federal law that puts you at risk on local roads jammed with rental cars. Thousands of people injured by rental car drivers---are locked out of court --unable to recover medical expenses and wages. Todd Ulrich interviewed desperate families who claim we all pay the price.

Tony Belfon's life changed forever when a rental car driver ran a red light---and t-boned his motorcycle on Pine Hills Road in Orange County. "I just break down in tears." Doctors could not save the left leg of this father of a 5 year old. " I want to be able to do things I did with him before. and it's hard. "

A rental car driver crashed into Joel Choate's pick-up on the turnpike. 4 back surgeries later, doctors say the Altamonte Springs man will never work again. "It is enough to drive me crazy and you contemplate suicide."

Because these victims were struck by rental cars they cannot sue the vehicle owner to recover medical bills, wages, or damages. All because of the Graves Amendment. Attorney Todd Copeland of the Florida Justice Association claims no other industry gets that kind of protection. "It's a free pass for the rental car industry in that they no longer have any legal liability." Critics claim it was slipped into a 2005 federal transportation bill---by the rental car lobby.

Now, when victims like Tony are struck by a driver who carries little personal insurance, the rental car company is off limits. Before 20055, Florida law allowed Tony to sue for up to $600,000 for the loss of a limb to cover rehabilitation and lost wages. Instead he settled against the driver for $10,000.

Trial lawyers claim Central Florida drivers sharing the road with millions of rental cars a year are at the most risk and taxpayers will bear the burden. Todd Copeland: " It leaves the family to turn to the state of Florida and our hospital system for their medical care."

The rental industry did fight for the change and claimed out of control jury verdicts drove up the rental charges we all pay. And it believes trial lawyers benefited far more than their clients. Bob Barton is the American Rental Car Association President. "It's a situation where you have contingency feel lawyers presenting opportunities to purse claims they would not normally pursue."

Joel Choate would disagree. "This is America, this is not the way it's supposed to be."

A federal court has struck down the law in south Florida as unconstitutional, but that's on appeal. Both sides expect this issue to end up in front of the U.S. Supreme Court.

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