Has there been a crash and your vehicle is no longer roadworthy and needs to go to the garage? In our guide, we explain when you are entitled to a hire car after a car accident, how long you are allowed to use the replacement car during repairs and who bears the costs.
- Injured parties are generally entitled to a hire car after an accident if they are dependent on their vehicle and drive at least 20 kilometres a day.
- If you are entitled to a hire car for repairs, you are not only entitled to the hire car for the duration of the repair of your damaged vehicle, but also for the time you are with the expert and until you are able to obtain a new vehicle.
- Document exactly how long your car has been in the workshop and what journeys you have made with the accident replacement vehicle.
- The costs for the hire car are borne by the insurance company of the party responsible for the accident. In the event of justified reductions or partial fault on your part, you will pay additional costs accordingly.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment.
Car hire after an accident: who pays?
In general, as the injured party, you are entitled to a hire car immediately after an accident. This applies in particular to the time during which your vehicle is in the workshop for repairs or even before, for example when it is with the valuer or the tow truck. You are still entitled to the hire car for one or two days after the expert opinion has been drawn up. The legislator has granted this reflection period so that those affected can make a conscious decision as to whether they want to have their vehicle repaired or whether they want to have the sum paid out. The replacement period, i.e. the period in which you wait for your new vehicle, can be added on top of this. But beware: If your vehicle takes longer than expected to be repaired, the other party's insurance company will regularly try to shorten the period of your claim! As a reader of this article, you now know that as long as you are not personally responsible for the delay in the repair, the insurance company is not allowed to reduce your car hire claim! (Example: delayed delivery of spare parts)
In principle, you are only entitled to a hire car after an accident if you have to drive more than 20 kilometres a day.
If you do not reach this de minimis limit, you may not be entitled to a replacement vehicle. In this case, taxi fares or the cost of travelling by public transport are usually reimbursed. You should therefore check carefully whether you are entitled to a replacement vehicle after an accident (even in individual cases of less than 20 kilometres per day). As an exception to this 20 kilometre rule, you can remember the fireman's donkey bridge: If a vehicle must be available at all times for special reasons, then you may be entitled to a hire car even if you are under this limit.
You are not entitled to a hire car or compensation for loss of use if you decide against a repair or repair the vehicle yourself.
Are you entitled to a Rental carThis does not mean that you can hire a car for free at no extra cost. As a rule of thumb, the hire car must be a comparable model to your own vehicle. This means that you are entitled to a hire car that is in the same class as your own vehicle. If you want to be on the safe side, choose a hire car in a class that is one below the class of your own vehicle.
Good to know: The insurer must also pay a surcharge for fully comprehensive insurance of the hire car. This applies whether the hire car has fully comprehensive insurance or not. In other words, if your own vehicle is not fully comprehensive insured.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment of whether you are entitled to your dream hire car.
You must observe these 6 points
To ensure that you assert your car hire claim correctly and receive a full refund, you should pay attention to the following 6 points:
- Prove how long your broken-down vehicle was in the workshop for repairs and was therefore unusable for you. Keep all receipts and invoices from the workshop.
- Keep a list of all the journeys you have made in the hire car. This includes not only the journey to the office or the supermarket, but also the jaunt at the weekend and the journey to the GP.
- Please note that the insurance reimbursement for a hire car after the accident is earmarked for a specific purpose. This means that the money may only be spent on the use of a hire car. Only costs actually incurred are eligible for reimbursement!
- As already mentioned, the insurance covers the cost of a hire car that is comparable to your vehicle. Conversely, however, this also means that you do not have to accept any deterioration in driving comfort.
- Of course, you do not have to decide on a hire car immediately. However, if you think about it for longer than a week, there is a risk that you will lose your entitlement to a hire car.
- You have a so-called duty to minimise damage vis-à-vis the other party involved in the accident. This means that you must not increase the costs unnecessarily and must try to minimise the damage.
Do not hire a vehicle "from a private hire company", as the replacement vehicle insurance can reduce the costs by up to half. There is usually not much left over and you are bound to get into trouble with the private hire company. If you want to go down the private vehicle route, claiming the so-called Compensation for loss of use is the better option for you. You can find out more about this and the loss of use table here. Alternatively, you can have a hire car paid out after an accident.
Who pays for the hire car after an accident and who provides it?
As the injured party in a road accident, you are also entitled to compensation for car hire costs. The insurance company of the person responsible for the accident must cover these costs. However, if you are wholly or partly responsible for the accident, your own comprehensive insurance comes into play.
Our tipCheck the terms and conditions of your fully comprehensive insurance. If you discover that you are not entitled to a hire car, protect yourself from expensive car hire bills.
Insurers may reduce your insurance if you keep the hire car for too long or choose a hire car that does not correspond to the vehicle class of your vehicle.
A reason for reduction that frequently arises in our practice is if the insurance company can prove that it had made you a concrete and more favourable car rental offer. The resulting reduction to the cost of the more favourable offer can usually no longer be legally rectified. You will then have to pay the uncovered difference to your actual car hire costs out of your own pocket.
Good to knowEven if you have a second car, but it is demonstrably used by your children or your partner, you are entitled to a hire car.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment.
Question of guilt unresolved: what can I expect?
If the question of fault has not yet been conclusively clarified, you may still be awarded partial fault. In this case, the generic insurance company may not cover the entire cost of the hire car and you may have to pay the rest yourself.
Good to knowIf you have decided against a hire car and in favour of compensation for loss of use, you will receive less money than originally thought. However, you will not have to pay anything extra even if you are partially at fault. You are absolutely free to use the money for the compensation, e.g. also for internal compensation to your private vehicle hire company.
The replacement vehicle is always a hire car, as borrowed items are by definition free of charge.
Colloquially, however, the term "hire car after an accident" is often used, even though the hired vehicle must of course be paid for - usually by the other party's insurance company in the event of an accident that was not their fault.
The right steps for fair claims settlement
Has there been a crash and your vehicle is no longer roadworthy or needs to go to the garage? Then it's best to report it quickly to fairforce.one. An overview of the tried-and-tested procedure for you:
- You get into a potential traffic accident through no fault of your own and want to claim damages such as car hire costs.
- Simply report the accident to us free of charge by phone on 0800 30 111 60 or even faster online.
- Our competent team will examine your case immediately and explain how to proceed.
- Claims settlement is initiated and you are relieved of the burden
The licensed specialists from the fairforce.one network take care of the necessary tasks and deal with your claims for damages - with absolute expertise and without risk to you.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment of whether you are entitled to your dream hire car.
Frequently asked questions
Am I entitled to a hire car for repairs?
As the injured party, you usually have the option of using a hire car for the duration of the repair. This claim is covered by the other party's insurance if the other party is at fault for the accident. The prerequisite for a replacement car during repairs is that you are dependent on your vehicle and travel at least 20 kilometres with it every day. But even below this limit, a replacement vehicle may be considered after an accident if the situation requires it. We can help you to clarify claims for damages, hire cars and the like.
Can I get a hire car after a total loss accident?
Regardless of whether your vehicle has to go to the garage after an accident or is a total loss, you are entitled to a hire car if you are not at fault for the accident. This is the responsibility of the other party's insurance company, which not only covers you for the time of the repair, but also for the time of the accident. in the event of a total loss until the settlement is finalised must provide a hire car.
What does a hire car cost after an accident?
For example, it is difficult to say how much a hire car costs for 2 weeks, as the prices depend on the respective offer. This differs depending on the provider and your vehicle, as you will of course receive a comparable replacement vehicle. In addition, your costs depend on whether the payment is covered in full by the other party's insurance or whether you have to pay part or all of it yourself.
Replacement car insurance - Who is responsible?
In the event of an accident that was not your fault, the other party's insurance company is responsible for a hire car and bears the costs for this. If you are partially or wholly at fault for the accident, the replacement car will be covered by your comprehensive insurance (if included) or will be paid for by a personal contribution.
Which hire car after an accident?
Which replacement car you are entitled to depends on the vehicle you were driving during the accident. This is because you are entitled to an equivalent hire car that corresponds to the vehicle class of your car. But be careful: if you do not adhere to this rule and use hire cars that are above your vehicle class, the insurance company may reduce the benefit and you will have to pay extra.
Can I hire a replacement car myself after an accident?
It is not advisable to hire hire cars "from private sources". As a rule, the insurance company will provide you with various offers from which you can choose a suitable replacement vehicle. However, if you hire "privately", the insurance company can reduce the costs by up to 50 per cent. If you still want to take this step, you should consult the loss of use table instead of a hire car and have the costs for a replacement car paid out according to the accident table.
The experts at fairforce.one will be happy to advise you on which hire car you are entitled to after your accident.
