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Torts/Personal Injury

Nov. 5, 2026

After O'Brien, rental car crash cases turn on what the rental company did

O'Brien closes the owner-liability route to rental car companies. For lawyers representing injured clients, the case now starts with the company's own conduct--and its own records.

Michael Shemtoub

Managing Attorney
Beverly Law Accident Attorneys

Phone: (818) 917-2250

Email: michael@beverlylaw.org

See more...

After <i>O'Brien</i>, rental car crash cases turn on what the rental company did
Shutterstock

On Oct. 29, the Second District, Division One, published O'Brien v. Midway Rent-A-Car, Inc. (B342575), holding that the federal Graves Amendment preempts Vehicle Code section 17150 when applied to rental car companies, and that a rental company is not liable for negligent entrustment merely because it did not check whether its renter had auto insurance. The court agreed with the Third District's January decision in Tavares v. Zipcar, Inc. (2026) 118 Cal.App.5th 21...

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