I don’t know why, but Elaine Litwer showed up in my head this week. It’s probably because I hadn’t remembered that this weekend marks the fifth anniversary of her death. I’m sure Elaine popped in to remind me.
Elaine spent most of her career as an independent lessor in New York City, but she is best remembered as a fierce advocate for the leasing industry through her work with the National Vehicle Leasing Association. For many years, she was the organization’s legislative counsel, and her greatest triumph in that regard was helping to win the decades-long battle to eliminate the doctrine of vicarious liability in New York.
I first encountered Elaine regarding a piece of vicarious liability legislation in New York State in 2004. I wrote a news item for Business Fleet magazine and I screwed up — I got some facts wrong on the story. She called me out on them; she let me have it. But I understood that she was really just holding me to a higher standard. I not only respected her for that, I liked her.
In New York in the early 2000s, vicarious liability caused leasing to come to a virtual standstill — and caused many car rental companies to go under — when insurance providers and manufacturers’ captive financiers pulled out of the market. No one wanted to do business in a state that exposed you to billions of dollars in liability for the negligent acts of drivers operating mechanically sound vehicles.
For more information on how vicarious liability damaged the leasing and rental industries, especially in New York state, click here and here.
Vicarious liability was eliminated on a federal level with the signing of the transportation bill in August 2005, which included the Graves Amendment, championed by Congressman Sam Graves of Missouri.
With the signing of the Graves Amendment, Elaine gave me this quote: “What a pleasure it is that the federal government should be able to understand and deal with an issue we could not get the state of New York to recognize and understand or deal with in a fair way.”

Elaine celebrates the passage of the Graves Amendment that paved the way for the return of leasing in New York state in 2005. She is flanked by members of the Greater New York National Automobile Dealers Association (GNYADA) and New York Sen. Owen Johnson, to her left.
That was very Elaine. She was sarcastic, confrontational, provoking and caring at the same time.











