The ways in which people buy new cars have changed significantly in recent years. Whilst Grandad and Granny used to painstakingly save up for a brand-new car for what felt like an eternity, these days people are leasing to their heart’s content.
However, the new rules governing vehicle procurement also raise new questions about insurance and claims settlement. It doesn’t take much for an accident to happen with a leased car – but what do you actually need to bear in mind in such a situation?
- A distinction is made between accidents where you are not at fault, where you are at fault, and where you are partly at fault. Each type of accident has different consequences for you and your leasing partner.
- As a rule, the lessor transfers liability to the vehicle owner (lessee).
- When choosing a garage, it is important to consider the leasing provider’s authorised garages – even if there are cheaper options available. (E.g.: Mercedes-Benz Leasing will usually direct you to a Mercedes-Benz garage, even if the quick-service garage round the corner would be cheaper.)
- If you seek assistance with settling a claim, this must be agreed with the lessor – particularly in the case of a total loss
- It’s always worth taking a look at the lease agreement. All the key points are set out in detail there. Seek advice from a specialist.
Accident involving a leased car: What should you do?
Anyone involved in a crash with their leased car is right to wonder exactly what they need to do next. In principle, the procedure is much the same as for any other accident. Naturally, you should stay calm, secure the scene of the accident, assess the situation and document it as thoroughly as possible. First and foremost, however: check that no one has been injured and, if they have, provide appropriate assistance.
Only once these basics have been sorted out do questions arise regarding liability, the correct procedure for reporting the accident and the repair of the car in the event of an accident involving a leased vehicle.
Liability and responsibility in the event of an accident involving a leased vehicle
Generally speaking, a distinction is made here between the through no fault of their own and the an accident caused by the driver’s own fault involving a leased vehicle distinguished. As a general rule, if a vehicle owner causes an accident, they are deemed to have caused damage to another person’s property under Section 832 of the German Civil Code (BGB). As the lease agreement usually transfers liability to the vehicle owner (i.e. the registered user of the leased vehicle), they must then also pay for the damage and the associated repairs.
In the event of an accident involving a leased vehicle caused by a third party – for example, if you were hit by someone else – you have Both the lessee and the lessor have claims against the person responsible for the accident, as they were both harmed by the crash. To gain a detailed understanding of the respective responsibilities, it is worth taking a look at the lease agreement. This normally sets out clearly who is responsible for carrying out repairs and recovering any costs incurred.
Of course, there is also the case of the mutual fault. A typical example is the apportionment of liability following accidents caused by a change of lane, where it is no longer possible to determine clearly who cut into whose lane. In such cases, the potential claims of the vehicle owner who has suffered damage are reduced depending on the nature and extent of their own share of the blame. The result: each party pays the other a share of the other party’s damages. As for their own damages, they will either have to cover a share themselves or have it covered by their own comprehensive insurance.
Accident involving a leased car: Who pays?
The issue of fault and liability in the event of an accident involving leased vehicles is particularly crucial from an insurance perspective. In this context, it is also essential to report the claim correctly in order to resolve the matter as quickly as possible.
The sooner and more accurately the claim is reported, the better. Once a claim has been reported correctly, the person responsible’s insurance company is the first to be obliged to act.
Also with regard to the Depreciation of a vehicle following a crash It is worth taking a look at the contract documents. In the event of an accident caused by the lessee’s own fault, the lessee not only pays any repair costs incurred, but must also to compensate the lessor in the event of a reduction in value. After all, the vehicle is now considered to be accident-damaged and will be worth less than agreed upon at the time of return. If the other party is to blame for the loss of value, the lessee may claim the relevant costs in order to be reimbursed by the lessor for the loss of value.
Repairs following an accident involving a leased vehicle: What you need to bear in mind
Having a leased vehicle repaired following an accident is also subject to the terms of the lease agreement. You should avoid taking your car to an independent garage or pop round to see your old mechanic friend on the corner. The vast majority of contracts actually provide for a a specific selection of partner garages or authorised repairers, to whom you should entrust the damaged vehicle. This is because the lessor naturally wishes to ensure the best possible residual value for the vehicle by having it repaired properly. After all, at the end of the lease, the lessor will need to dispose of the vehicle in some way (sale, export, scrapping).
The situation is different in the case of a leased vehicle involved in an accident resulting in a total write-off. In this case, the settlement must be carried out in particularly close consultation with the lessor. In most cases, a termination of the lease agreement is agreed in consultation with the leasing bank. The exact terms and conditions for this can be found – as you might expect – in the relevant contracts.
Steps towards fair claims settlement
Even – and especially – in the event of damage to a leased vehicle, one thing is certain: with faire-Regulierung.de, you’re in safe hands.
- You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster hier online.
- The ‘faire-Regulierung’ network will put you in touch with the right specialist for you, who will immediately review your case from your perspective and work with you directly to agree on a step-by-step plan.
- We’ll arrange the best possible settlement of your claim without any further hassle for you. From the loss adjuster to a hire car and the repairs, we’ll take care of everything for you.
