Hit by someone driving a rental they weren't supposed to be in — now nobody will pay. Help?

Ugh, this is almost exactly what happened to me two years ago — different platform, same runaround. What I learned the hard way is that these rental platforms have very specific language buried in their terms about who qualifies as a covered driver, and if that person deviated even slightly, they wash their hands of it fast. I ended up having to go after the actual driver personally. It was a whole thing, but it was the only path that actually moved.

Not legal advice, but a couple of things worth knowing: the sister booking the rental under her name could create some exposure for her depending on your state — there's a legal concept around negligent entrustment, meaning if she knowingly let someone use the vehicle (or her reservation), she might share liability. Also, the driver's personal insurance potentially still applies even if the platform's doesn't. Worth having someone actually look at the full picture before you assume you're out of options.

Don't trust the platform's insurance adjuster to tell you the full story. Their job is to find a reason not to pay, and 'unauthorized driver' is basically a gift to them. I'd push harder — get the denial in writing, get the specific policy language they're citing, and don't just take their word for it over the phone.

Former adjuster here. A few things: First, always get denials in writing — verbal denials on the phone don't mean much and sometimes the story changes. Second, peer-to-peer platforms often have what's called a 'contingent' coverage layer that only kicks in when other insurance is exhausted, but they won't volunteer that information. Third, yes, the driver's personal policy could still be in play even in this situation — his insurer needs to formally investigate before closing the door. Push them.

The police report is huge — hang onto everything. You'll also want to send a formal demand letter to the driver before you file anything in small claims. Keep it simple: what happened, what you're owed, give a deadline. Sometimes people suddenly get cooperative when they realize you're serious. As for the sister, whether she has liability is genuinely a gray area, but a lawyer doing a free consult could tell you pretty quickly if that angle is worth pursuing in your state.

Please don't ignore the neck stiffness. I know it feels minor compared to the car stuff, but soft tissue injuries from rear-end collisions can take weeks to fully show up and can turn into something chronic if you don't document and treat early. Go get evaluated, get it in writing, and keep a record of every symptom and appointment. If this ends up in any kind of claim or lawsuit, that documentation matters a lot.

Honest take: small claims court is probably your most realistic move against the driver for the property damage, assuming the amount falls under your state's limit. It costs almost nothing to file, and even if he doesn't pay right away, a judgment follows him. The injury piece is a separate question and probably worth at least a free consult with a PI attorney — most won't charge you unless they recover something.

Quick question — did the adjuster actually confirm in writing that the driver's personal policy is inactive, or did they just imply it? Because that's a pretty significant detail. If his policy IS active, this whole situation changes. I'd get that confirmed before you go too far down any other path.

This sounds so exhausting on top of already dealing with the physical stuff. The fact that you kept all your documentation and filed a police report right away honestly puts you in a better position than a lot of people. I really hope you find a way through this — you didn't do anything wrong and you shouldn't be the one left holding the bag.