Hertz Settlement Expands Hand-Control Rental Vehicle Availability

Hertz will expand the availability of rental vehicles equipped with hand controls under a class action settlement approved Aug. 21 by U.S. District Judge Maxine M. Chesney in the Northern District of California.

The settlement resolves litigation brought against The Hertz Corporation and related companies by Carina Ho and Christina Mills, two customers with disabilities who require hand controls to drive. The lawsuit alleged Hertz violated the Americans with Disabilities Act and California’s Unruh Civil Rights Act by limiting hand controls to certain vehicle classes, effectively imposing higher costs on customers who needed them, and creating a more burdensome reservation process. Hertz denied wrongdoing and liability.

Under the settlement, Hertz will dedicate 20 minivans that can be equipped with left-side hand controls exclusively to customers who require them. The vans will initially be stationed at 20 airport hub locations across the U.S. and can be reserved for pickup at corporate-owned Hertz locations within a 200-mile radius of those hubs.

The initial hubs include major rental markets such as Los Angeles, Orlando, Atlanta, Miami, San Francisco, Dallas/Fort Worth, Las Vegas, Denver, New York JFK and Chicago O'Hare. Hertz will reevaluate the locations at least every six months based on customer demand.

The dedicated minivans will be guaranteed on a first-come, first-served basis for prepaid, round-trip reservations made with at least seven days' advance notice. Hertz also agreed to make right-side hand controls available on minivans.

More Vehicle Choices and Pricing Protections

Hertz will continue offering left-side hand controls on certain sedans and SUVs, including the Kia K4, Chevrolet Equinox or GMC Terrain, and Chevrolet Tahoe or GMC Yukon, subject to vehicle design and safety considerations.

The settlement also addresses an issue that can arise when hand controls cannot be installed in the least expensive vehicle available.

If Hertz cannot install the equipment in the cheapest vehicle offered at a location for the requested date and time, the company must offer the least expensive vehicle capable of accepting the hand controls at the current Compact/Economy rate, or the lowest available rate for a non-electric vehicle.

That provision is intended to prevent customers who require hand controls from effectively paying an upgrade charge because the equipment cannot be installed in a lower-priced vehicle.

Reservation Process Will Also Change

The agreement goes beyond vehicle availability.

Hertz will update its accessibility webpage to identify which vehicle categories can accommodate left- and right-side hand controls and provide information customers can use to identify those vehicles during online booking.

The company will also modify its online Accessibility Options menu, train customer support representatives on hand-control requests, and update reservation systems and policies so a customer's need for hand controls is communicated directly to the pickup location.

If a properly reserved hand-control-equipped vehicle is not ready at the requested pickup time, Hertz must prioritize installation and provide the customer with a discount.

Existing notice periods will remain in place for most hand-control rentals: eight hours at designated major airport locations and 24 hours at other corporate-owned locations. The dedicated minivans require seven days' notice.

The company will also track hand-control reservations as well as customer assistance requests and complaints as part of the settlement's monitoring provisions.

"We have heard time and again from hand control users that they want to be able to rent minivans," said Meredith Weaver, senior counsel at Disability Rights Advocates, citing their accessibility for wheelchair transfers, mobility equipment, passengers, and luggage.

The settlement agreement remains in effect for 18 months from its effective date.