When you are injured in an accident involving a Turo vehicle, obtaining sufficient compensation to cover your damages can be confusing. A Turo accident lawyer at Meirowitz & Wasserberg, LLP can help you determine who is liable and pursue the highest damage award available by law.
The Turo car-sharing platform offers a convenient alternative to car rental companies, but Turo car accidents can be a nightmare for renters and other drivers. Determining who is liable and how to file your claim can be overwhelming. Our Turo car accident lawyers at Meirowitz & Wasserberg, LLP can navigate the complex legalities so you can focus on medical treatment.
- What is Turo?
- What Happens If I’m Injured in a Car Accident While Using Turo?
- What Insurance Coverage Applies If I Am Hit By a Turo Car?
- Who Else is Liable for Injuries Sustained in an Accident While Driving on Turo?
- What Type of Compensation Can I Recover After a Turo Accident?
- What To Do After a Turo Car Crash
- How Can a Car Accident Lawyer Help With My Turo Accident Claim?
- Why Should I Choose Sam ’n Dan to Represent Me in My Car Accident Claim?
- When Should I Contact a Lawyer in a Turo Accident?
- Contact Sam ’n Dan Today
What is Turo?
Turo is a peer-to-peer car-sharing platform for those who wish to rent out their personal vehicles. It is commonly known as the Airbnb of the car world. The company was founded as RelayRides in 2009 by Shelby Clark. It has grown exponentially since its establishment, with millions of cars shared and more than a billion dollars in global gross revenue generated.
How It Works
Turo is an online platform and mobile application where car owners, known as hosts, can promote their vehicles for rent. Renters, known as guests, can search for vehicles to rent based on their geographical location, vehicle type, and price range. When they locate the vehicle that fits their preferences, they can book it. Turo facilitates the following:
- Background screening and verification of users
- Collection of fees and deposits
- Communication between users
After booking a car, the guest meets the host at an agreed-upon location, uses the vehicle for the specified period, and returns it as agreed upon. If the host discovers vehicle damage, Turo is responsible for collecting damage fees on behalf of the host. The platform also provides a rating system where users can rate their transactions and provide reviews to assist others in future transactions.
What Happens If I’m Injured in a Car Accident While Using Turo?
If you are involved in a car accident while driving a Turo car, you may be covered by the other driver’s insurance, your own insurance, or Turo’s insurance. The answer depends on the following:
- Who is at fault
- The laws of your state
- The terms of your insurance policy
Turo Insurance Coverage
Travelers Excess and Surplus Lines Company provides Turo’s insurance coverage. According to Turo’s terms of service, the coverage by Turo is secondary to your personal insurance coverage, with an exception for states that require Turo to provide primary coverage, such as New York.
Your Turo rental fees include liability insurance in an amount equal to the minimum requirements for your state, up to $750,000, depending on the coverage you select. In New York, Turo is required to provide $1.25 million in liability insurance coverage. If you live in a no-fault state, you will also receive the minimum personal injury protection required by your state.
Uninsured and Underinsured Coverage
Turo only provides uninsured and underinsured motorist coverages if your state requires them. You should obtain these important coverages through your private insurer if Turo does not offer them. If you do not have uninsured motorist coverage, you may be unable to recover compensation if an uninsured driver hits you.
Turo offers coverage for physical damage you cause to the vehicle with deductibles ranging from $0 to $3,000. This protects you from having excessive out-of-pocket costs. This insurance does not cover mechanical problems or interior vehicle damage.
Most private insurers do not cover Turo rentals, in which case you would be covered exclusively by Turo’s insurer.
Personal Insurance Coverage
Many private insurers do not cover accidents occurring while driving a Turo vehicle. You must check with your insurer to determine available coverage, if any. Turo does not require guests to carry personal insurance.
What if the other driver is at fault for the accident?
If you were driving a Turo car and another driver caused an accident, you can generally file a claim against the other driver’s liability policy. If the insurance company fails to pay fair and reasonable compensation, you can file a car accident lawsuit.
If you live in a no-fault state, you must file a no-fault claim against your personal injury protection policy. Your own insurer might deny your claim because you were driving a Turo car. In that case, you should be able to file a claim against the personal injury protection policy provided by Turo.
If the available personal injury protection is insufficient, you can generally file a claim against the other driver’s liability insurance. Some no-fault states, such as New York, require you to meet a serious injury threshold before filing a personal injury lawsuit in car accident cases.
What Insurance Coverage Applies If I Am Hit By a Turo Car?
If you were not using Turo but were hit by a Turo car, you should file a claim against the driver’s personal liability insurance and Turo’s Travelers policy. The driver’s personal liability insurer might deny your claim because it was a Turo car. However, Turo’s insurance coverage will not take effect until this option is exhausted.
If the driver’s insurer denies the claim, Turo’s insurance should cover the damages. If the driver’s insurance company pays the claim, Turo’s policy will act as a secondary policy and cover eligible damages not covered by the driver’s policy.
If you live in a no-fault state, your personal injury protection insurance provides the initial coverage. If this is insufficient, you may be able to file a claim against the driver’s personal insurance or the Turo policy as described above, depending on the laws of your state.
Who Else is Liable for Injuries Sustained in an Accident While Driving on Turo?
- The driver
- The owner of the vehicle
- A defective vehicle parts manufacturer
- A negligent mechanic
- An employer
- An agent
- A government entity responsible for maintaining roads
Vehicle owners, employers, and agents are typically held liable under the legal doctrine of vicarious liability, which makes them responsible for the driver’s actions without having to be proven negligent.
Manufacturers also do not have to be proven negligent. Under the doctrine of strict liability, manufacturing a product that caused harm because of a defect, dangerous design, or failure to warn is sufficient grounds for liability.
Turo Host Liability
In 2005, the U.S. government passed the Graves Amendment, protecting car rental companies nationwide from vicarious liability in car accident cases. Turo cars generally do not qualify as commercial rental cars, so this protection does not automatically extend to them.
However, several states have passed laws that extend Graves Amendment protections to Turo owners. In these states, you cannot sue a Turo host unless you can prove that negligence by the host caused or contributed to your injuries. The host may be vicariously liable in states that have not extended this protection.
Can I Sue Turo?
Turo’s function does not neatly fit into any category that would qualify for vicarious liability, so you could only sue a company like Turo on the grounds of negligence. Due to Turo’s hands-off involvement, this could prove difficult.
Even if you can prove negligence by Turo, Turo uses binding arbitration for dispute resolution. You can opt out of binding arbitration within 30 days after you sign up for Turo or at the beginning of your first transaction, whichever occurs first.
If you do not opt out, you lose your right to bring your case to court. Instead, you will only be permitted to present your case to an arbitrator paid by Turo to decide the results of your case.
The decision in binding arbitration is final and legally binding. If you did opt out, the terms of service require lawsuits against Turo to be filed in Phoenix, Arizona, whether the case is federal, state, or small claims. The laws of Arizona would apply.
These terms, including the binding arbitration contract, may not be enforceable in all jurisdictions. If you have grounds to file a negligence claim against Turo, you will need a personal injury lawyer with experience in complex litigation. Our Turo accident attorneys at Meirowitz & Wasserberg, LLP can help.
What Type of Compensation Can I Recover After a Turo Accident?
The recoverable damages after a Turo collision widely varies depending on numerous factors, including the following:
- The severity of your injuries
- The financial impact of your injuries
- The cause of your crash
- Who the liable parties are
- The available insurance coverage
- Whether your state has limitations on compensation
The types of compensation that may be available include economic, non-economic, and punitive damages.
Economic damages are compensation for verifiable financial losses, including lost wages, medical expenses, and property damage. These losses may include future losses, such as projected ongoing medical expenses.
If your injuries will prevent you from working for an extended period or if they result in permanent disabilities, your lost wages can include your lost earning capacity over your lifetime.
Non-economic damages are compensation for subjective losses that lack measurable monetary value. These losses include the following:
- Loss of society
- Loss of bodily functions
- Loss of consortium by the spouse
- Loss of capacity to enjoy life
Punitive damages are awarded as a punishment and deterrence against defendants who caused injuries intentionally or through conduct that demonstrated a reckless disregard for the safety of others, such as drunk driving. Punitive damages are not available in all cases.
What To Do After a Turo Car Crash
- Notify Turo of the accident. Turo provides 24/7 roadside assistance.
- Notify the host of the accident, providing the car’s location.
- Document the scene by taking photos and video footage of the cars, skid marks, and surroundings.
- Exchange insurance information with the other driver.
- Cooperate with law enforcement.
- Collect witness contact information.
- If required in your state, file an accident report with the appropriate authority in the time frame specified by law.
- Write down everything that occurred leading up to the accident as soon as possible.
- Notify your insurance company and Turo’s insurance company.
- Follow through with all medical treatments.
- Do not admit fault.
- Contact a reputable personal injury lawyer as soon as possible.
How Can a Car Accident Lawyer Help With My Turo Accident Claim?
A car accident attorney can help you navigate the complex legalities affecting Turo cases and answer important questions regarding liability. Dealing with one insurance company can be overwhelming enough for most people. However, you may have to deal with multiple insurance companies in Turo cases.
Our Turo accident lawyers will provide you with caring, personalized attention and take the stress out of the legal process. We will work hard to win you the maximum compensation available through fierce advocacy and skilled representation in settlement negotiations and, if necessary, at trial.
We will thoroughly investigate your accident, build a strong case, and ensure you file your case on time. We will keep you informed through each step and remain accessible if you have any questions.
Why Should I Choose Sam ’n Dan to Represent Me in My Car Accident Claim?
We started Meirowitz & Wasserberg, LLP to offer clients an environment where they could be treated like family while receiving the benefits typically associated with large law firms. We have the resources and skills to stand up to large corporations and win.
Our consistent record of success has won us the respect and admiration of our peers and clients. Our peers have recognized us as Super Lawyers and included us in the National Trial Lawyers Top 100 Trial Lawyers.
Most importantly, our clients know that we are all about helping people. Our most important accomplishments are the results we get for our clients. Our clients regularly provide us with feedback such as the following:
It was such a great and easy experience to work with the lawyers at Meirowitz and Wasserberg! They were super helpful and made the process very easy after experiencing a car accident. I have recommended my friends and my family to them as they are kind people that will get the job done right!
I couldn’t have made a better decision than to have chosen the lawyers at Meirowitz & Wasserberg. The legal process was a breeze after my accident. They are always incredibly personable and willing to make a positive difference for their clients.
Meirowitz & Wasserberg, LLP fights all the way through until the end. They actually care about your well-being, not just the case. Highly recommend 10/10. I wouldn’t look anywhere else.
When Should I Contact a Lawyer in a Turo Accident?
A successful personal injury resolution requires a thorough investigation into the accident and your injuries before the case can be filed. This can take a substantial amount of time. Every state has a time limit on filing a case, known as the statute of limitations. In some states, this is as short as one year after the accident. Thus, contacting a lawyer as soon as possible after your accident is critical.
Contact Sam ’n Dan Today
If you were in a Turo accident, call the experienced car accident lawyers at Meirowitz & Wasserberg, LLP at (866) 344-1021 or contact us online for your free consultation to learn more about your options for compensation.
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