Rental Car Runs Stop Sign

Episode Transcript

Speaker 1 (00:00):
It's time for ask the lawyer with Bruce el Shiner,
Attorney for the Injured. You know that actually might be
a source of rage for many dealing with insurance companies
after an accident. That's sort of the theme today. Would
you please help me? Welcome Bruce el Shiner, Attorney for
the Injured. Good morning, Bruce, Hey, Good morning Todd.

Speaker 2 (00:19):
How are you doing this morning?

Speaker 1 (00:21):
Just fine. I'm a little water logged from all the rain,
but I got no other complaints. How about you?

Speaker 2 (00:27):
Oh, you can never get enough rain.

Speaker 1 (00:29):
We'll want to stockpile this for the dry season, which
you'll be here soon enough.

Speaker 2 (00:32):
You know, absolutely well.

Speaker 1 (00:36):
We've got another one of those questions today that requires
your expertise. Are you ready to give a listen and
weigh in?

Speaker 2 (00:44):
I am ready, Todd.

Speaker 1 (00:46):
Here is what the email says. My cousin was working
a delivery job using her own car in Port Charlotte
when a vehicle ran a stop sign near King's Highway
and slammed into her. She has a broken pelvis and
severe back pain. The driver who hit her was using
a rental car rented by his employer. The driver's employer

(01:08):
says they're not responsible because he was on a personal
errand during the accident. My cousin only has limited insurance.
She's unable to work and has no health insurance. Can
a lawyer help figure out who should pay? Oh? Boy,
another one of those rad's a lot of moving parts.
What do you make of this?

Speaker 2 (01:26):
Well, Fortunately, the party that caused the accident was using
a vehicle that was rented by his or her employer.

(01:47):
So because the employer rented the car, under the theory
of dangerous instrumentality, the employer is responsible for the actions
of the driver, whether or not he was in the

(02:08):
course and scope of his employment employer.

Speaker 1 (02:12):
Sorry, I was going to say, that's a legal term
we hear frequently, dangerous instrumentality. Can you just real quickly
explain it.

Speaker 2 (02:19):
Yeah, Dangerous instrumentality is a something like a car truck
that you know is liable to cause serious damage that
they've made special provisions that the owner is responsible for

(02:39):
whatever happens. Okay with that instrumentality.

Speaker 1 (02:44):
Sorry, I didn't mean to interrupt your explanation. I just
wanted to make sure go ahead.

Speaker 2 (02:47):
Please, No, I think I finished. But so, under the
theory of dangerous instrumentality, the employer is responsible for all
the damage caused by the driver of the vehicle, even
though he wasn't in the course and scope of his employee.

(03:09):
The fact that he was running a personal errand doesn't
take the liability away from the employer. So this poor
injured person, you know, we'll be able to make a
recovery against the employer.

Speaker 1 (03:26):
Right, Because that seemed like a you know, like a
legal loophole or whatever you would call it. That the
insurance company would love to have it there at their
use to say, oh, he wasn't on company time, so
we don't have to pay. But then again they like
to say that, don't they.

Speaker 2 (03:43):
Well we say this almost every Wednesday. But the insurance
company motto is we never pay.

Speaker 1 (03:51):
There you go.

Speaker 2 (03:52):
That's why people, that's why the first thing you should
do when you're involved in a serious accident to call
an experienced personal injury lawyer.

Speaker 1 (04:02):
Right, And this poor injured person reaching out to that
insurance company, that's the answer she's going to get. Now
you get some legal professionals behind you and they reach out,
it's going to be a completely different thing. That's why
they need to contact somebody quickly.

Speaker 2 (04:19):
Absolutely.

Speaker 1 (04:20):
Okay, Well tell you what, Bruce, once again, I think
you have given somebody a little ray of hope, and
that's kind of hard to come by with all these
cloudy days, a little ray of anything, quite frankly, so
thank you for that.

Speaker 2 (04:33):
Well, it's my pleasure. And you know, our listening widens
should just realize that the insurance company isn't their friends,
and they need someone to help them be honest, equal
footing with the insurance company. And that's an experienced personal
injury lawyer.

Speaker 1 (04:54):
Sounds good and then excellent advice. As always, thank you
so much for your time and your wisdom and your experience.
Do appreciate it.

Speaker 2 (05:02):
My pleasure, Todd, looking forward to speaking to your next Wednesday.

Speaker 1 (05:06):
As are weak. You take care, Bruce, Bye bye, Thank you,
ladies and gentlemen. Bruce L. Shiner, Attorney for the Injured.
If you would like to submit a question for future consideration,
I would love to have you do that. You simply
go to our website and type the keyword Bruce in
the search box. Now, if you've been injured like this

(05:26):
poor individual, forget what I just said. You don't have
time for that. You need to act fast. Call the
Port Charlotte Office of Associates and Bruce L. Shiner, the
numbers nine four one, seven, four three seven seven seven
seven nine four one seven, four three seven seven seven seven,
and be sure to tell them that Todd Matthew sent

(05:46):
you