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B-261274 1 (1996-01-16)

handle is hein.gao/gaocrptadqp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Americar Rental System, Inc.-Damage to Rental Cars File: B-261274 Date: January 16, 1996 DIGEST A rental car company appeals settlements denying claims for reimbursement for damage to two vehicles rented by government employees on official business. Under terms of an agreement with the Military Traffic Management Command (applicable to most federal agencies), in renting cars to government employees, the rental company assumes all liability for the vehicles unless one of several specified exceptions apply, two of which the rental company seeks to apply in this case. In one claim, the issue is whether the driver committed willful or wanton negligence when he left the keys in the ignition and the engine running in an unattended vehicle that was stolen. In the other, the issue is whether the employee was under the influence of alcohol when he drove off the side of the road. In each case, the standard is controlled by the law of the state in which the conduct occurred. Both settlements are affirmed on the basis that there is insufficient evidence in the record to support the claims under either exception. DECISION Americar Rental System, Inc., of Madison, Alabama, appeals two settlements by our Claims Group denying claims for damage to vehicles Americar rented to federal government employees who were authorized by their agencies to rent the vehicles incident to their temporary duty assignment.1 The settlements are affirmed. BACKGROUND In the first case, the vehicle was stolen after the employee, Junior D. Kerns, a civilian employee of the Department of Defense, left the keys in the ignition and the 1The two settlements are Z-2869367-01, Jan. 27, 1995, which involved a vehicle driven by Junior D. Kerns, and Z-2869367, April 4, 1995, which involved a vehicle driven by James G. Powers. Ms. Anna P. Weeks, the owner of Americar Rental Systems, Inc., submitted the appeals on behalf of the company. 137111