Q: Is CA Civ Code § 1939.03 (2022) about theft of a rental vehicle still valid
We rented a car from Enterprise and the car was stolen while we were loading the vehicle.
We still had the Car Key, but b/c we were next to the car the thiefs were able to start and steal the car because the Key Fob allows the car to be started if near the car.
The Fey Fob provided by the Rental Car Agency did not have a 'Kill Switch' to turn off the vehicle when they knocked me down andabducted the car.
A:
CA Civ Code § 1939.03 is still a valid law in California as of June 2024. This law, which was added in 2022, provides certain protections for rental car companies in situations where a rented vehicle is stolen.
Under this law, if a rented vehicle is stolen, the renter is responsible for the vehicle only if one of the following conditions is met:
1. The renter or authorized driver fails to exercise ordinary care while in possession of the vehicle.
2. The renter or authorized driver committed or aided and abetted the commission of the theft.
However, based on the details you provided, it seems that the theft occurred while you were in possession of the vehicle and the key fob, and that you were knocked down during the theft. This suggests that you did not fail to exercise ordinary care or aid in the theft.
The fact that the key fob lacked a "kill switch" feature is likely the responsibility of the rental car company, not the renter. However, the specific terms of your rental agreement and the exact circumstances of the theft would need to be reviewed to determine liability.
I recommend contacting Enterprise directly to report the theft and discuss the situation. You may also want to review your rental agreement carefully and consider seeking legal advice if you believe the rental company is unfairly holding you responsible for the stolen vehicle.
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