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Scott v. Joe Thomson Auto Rental & Leasing Inc.

Defendant's violation of O.C.G.A. § 40-9-102 in failing to require spot insurance on a rental car was not the proximate cause of the decedent's death in an accident involving the rental car.

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Zachary Scott’s estate and children sued Joe Thomson Auto Rental & Leasing, Inc., Joseph LaRosa, and others for injuries Scott received in a collision with a vehicle owned by Auto Rental and leased to LaRosa. Plaintiffs complained that Auto Rental failed to offer and sell LaRosa “spot” insurance as required by law. Auto Rental moved for summary judgment, arguing that its failure to offer and sell the insurance did not proximately cause the collision. The trial court granted the motion, and plaintiffs appeal. The issue on appeal is whether Auto Rental’s failure to require LaRosa to have liability insurance on the vehicle in addition to Auto Rental’s liability insurance renders Auto Rental personally liable for the injuries caused by the collision. We hold that the failure to require the additional insurance did not proximately cause the accident and accordingly affirm summary judgment in favor of Auto Rental.

Construed in favor of the plaintiffs, the evidence showed that Auto Rental rented a car to LaRosa with only John Foster as an additional authorized driver. In violation of OCGA § 40-9-102, even though Auto Rental learned that LaRosa personally had no liability insurance covering the rental vehicle, it failed to require him to purchase “spot” liability insurance on the vehicle. However, Auto Rental itself had liability insurance on the vehicle through Empire Fire & Marine Insurance Company.

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