Start with who owned the car
Under Vehicle Code § 17150 an owner who permits another person to operate the vehicle is liable for the driver's negligence, subject to the statutory caps in § 17151. That is the baseline rule in California, and it applies even where the owner was not in the car.
The complication is the Graves Amendment, 49 U.S.C. § 30106, which preempts state vicarious liability against a person or business "engaged in the trade or business of renting or leasing motor vehicles" unless the plaintiff shows negligence or criminal wrongdoing by that business. Courts have applied it to peer-to-peer platforms and to commercial fleet owners. Whether it protects a given defendant depends on whether that defendant is actually in the rental business rather than acting as a marketplace, which is a fact question worth developing rather than conceding.
The platform is not just a matchmaker
A platform like Turo, Getaround or Eon controls the reservation, verifies the driver's license, sets the rental terms, may supply the insurance, and knows what the owner's car looks like and how it has been maintained. That control supports claims that do not depend on ownership at all: negligent screening of a driver, negligent entrustment of a vehicle with known defects, and misrepresentation about the coverage the platform advertises.
The coverage layers, in order
- The driver's own auto policy, which frequently excludes vehicles available for hire or used for a transportation network, so the exclusion gets litigated
- The vehicle owner's personal policy, which often contains the same exclusion for a car rented to a third party
- The platform's liability coverage, which its terms describe and which usually applies during the rental period but with conditions and limits that differ by plan
- Your own uninsured and underinsured motorist coverage, which may be the only contract that has to pay without a fight about who was renting what
Do not assume any of these responds. Ask for the declarations pages and the rental agreement in writing, and expect the platform's insurer to take the position that its coverage is excess or limited. Where a rideshare or delivery app is involved instead of a rental, the analysis is different and turns on whether the driver was logged in and whether a passenger was in the car.
Deadlines
Two years for the personal injury claim under Code of Civil Procedure § 335.1. Six months for a written claim against a public entity under Government Code § 911.2 if a government vehicle or road condition is part of the case. Your own uninsured motorist claim has a separate contractual notice requirement, often much shorter, and it is the one people forget.
Common questions
Can I sue Turo after a crash?
Yes, though the theory matters. A claim against the platform is usually built on negligent screening, negligent entrustment or the platform's own undertakings about insurance and inspection, rather than on owner liability, which the Graves Amendment may preempt.
Whose insurance pays?
It depends on the plan and the policies. The driver's, the owner's and the platform's coverage can all be in play, and exclusions for vehicles available for hire are common. We map the layers before deciding who to pursue.
What is Eon, and is it the same analysis?
Eon is an app-based rental platform offering contactless electric vehicle rentals. Whether it is treated as a rental company, a marketplace or something in between affects the Graves Amendment analysis, so the rental terms and the corporate structure are part of the review.
The other driver had minimum coverage. What now?
Your uninsured or underinsured motorist coverage is often the best source, and it is a contract claim against your own insurer that can proceed without the other driver's cooperation.