[jdietrich]

No you wouldn't. Car sharing clubs like Zipcar deal with the same issue - they hire out cars on a completely unattended basis. If a customer chooses to pick up one of their cars and drive drunk or lend it to their cousin with a suspended license, the customer is liable.

[bodmd]

Good point, don't know why I didn't think of Zipcar when I used a similar service last year.

Looks like the bigger problem might be people suing over accidents where they were distracted and forced to make a split second decision, when they 'reasonably' expected the car to be able to handle the conditions. (Not trying to shift the goal posts, just sharing a separate concern).