DoI have liability for an accident with a rental truck if it was caused by mechanical failure?

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DoI have liability for an accident with a rental truck if it was caused by mechanical failure?

I was driving a rental truck and the accelerator pedal broke off of the accelerator arm. Due to this mechanical failure, the truck ended up having a bent axle after entering a small ditch. Am I at fault and have to pay the deductible or since it was due to a mechanical failure, am I clear?

Asked on October 19, 2010 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You mean the deductible as stated under the rental contract for damage to their vehicle?  If I were them I would be so grateful that you were not killed and that your estate didn't sue them for all that they were worth.  I would take that contract to a lawyer and have them write a letter for you.  You may be "technically" obligated - although I doubt even that - under the contract but I can not see how there was any negligence on your part at all.  Do not let them intimidate you in any way about this. From what you have said here I can not even imagine that they will fight you on this.  Good luck. 


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