What do I have to consider after an accident with a leased vehicle?
An accident involving a leased vehicle is tricky because you are generally liable as the lessee - regardless of whether you are at fault or not. Depending on the type of accident (at fault, not at fault or partially at fault), different regulations apply that affect you and the lessor.
The choice of garage is particularly important: it is usually specified in the contract, as are the procedures in the event of total damage. You should therefore take a look at your leasing contract immediately after an accident and, ideally, seek expert advice directly.
We show you what you need to look out for now - and how to avoid costly mistakes.
- A distinction is made between no-fault, at-fault and partially at-fault accidents. Each type of accident has different consequences for you and your leasing partner.
- As a rule, the lessor transfers the Liability to the vehicle owner (lessee).
- When choosing a workshop, it is important to Partner workshops of the leasing partner must be taken into account - even if more favourable options are available. (Example: Mercedes-Benz Leasing will usually send you to a Mercedes-Benz garage, even if the garage on the corner would be cheaper).
- If you seek assistance with accident settlement, this must be coordinated with the lessor - especially in the case of total losses
- It is always worth taking a look at the leasing contract. All the critical points are precisely set out here. Seek advice from a specialist.
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Accident with a leased vehicle: What to do?
Anyone involved in a crash with their leased car is rightly wondering what exactly needs to be considered. Basically, the procedure differs little from any other accident. Of course, the following applies: keep calm, secure the scene of the accident, analyse the situation and document it as best as possible. But first and foremost, the most important thing is to make sure that nobody has been injured and, if they have, provide appropriate assistance.
Only when these basics have been settled do the questions of liability, correct reporting and repair of the car arise in the event of an accident involving a leased vehicle.
Question of fault and liability in the event of an accident involving a leased vehicle
In principle, a distinction is made between the through no fault of their own and the self-inflicted accident with leased vehicle are distinguished. As a general rule, anyone who causes an accident as the vehicle owner infringes the property of another person in accordance with Section 832 BGB. As the leasing contract usually transfers liability to the vehicle owner (i.e. the registered user of the leased vehicle), must then also pay for the damage and associated repairs.
In the event of an accident involving a leased vehicle caused by a third party - for example, you were hit by someone else - you have both the lessee and the lessor have claims against the party responsible for the accident, as they were both damaged by the crash. For a detailed understanding of responsibilities, it is worth taking a look at the leasing contract. This normally clearly regulates who is responsible for repair and recovery of costs incurred.
Of course, there is also the case of the fault on both sides. A typical example is the apportionment of blame after lane change accidents. In such cases, it is no longer possible to clearly determine who swerved into whose lane. Here, the potential claims of the injured vehicle owner are reduced depending on the type and extent of their own share of the fault. The result: each party pays the other a share of the other party's damage. You will have to pay a share of your own damage yourself or have to pay it through your own comprehensive insurance.
Leasing accident: Who pays?
The question of fault and liability in the event of an accident involving a leased vehicle is particularly important from an insurance perspective. Correct reporting of damage is also essential in order to reach your destination as quickly as possible.
The quicker and more expertly the damage is reported, the better. The insurance company of the party responsible is the first party to be held liable after a correct damage report.
Also with regard to the Depreciation of a vehicle after a crash it is worth taking a look at the contract documents. For example, in the event of an accident caused by the lessee, the lessee not only pays the repair costs incurred, but also must compensate the lessor in the event of a reduction in value. After all, the vehicle is now considered to be an accident vehicle and will have a lower value at the time of return than agreed. If the other party is responsible for the reduction in value, the lessee can claim the corresponding costs to compensate the lessor for the reduction in value.
Repairs after an accident with a leased vehicle: What you need to consider
The repair of a leased vehicle after an accident is also subject to the rules of the leasing contract. You should refrain from using an independent workshop or visit your old mechanic friend on the corner. The vast majority of contracts provide for a Specific selection of partner workshops or authorised workshops, into whose trustworthy hands you should place the accident vehicle. This is because the lessor naturally wants to ensure the best possible residual value of the vehicle through proper repairs. After all, at the end of the lease, some form of further utilisation is pending for the lessor (sale, export, utilisation).
The situation is different in the event of a leasing accident with a total loss. In this case, regulation must be carried out in particularly close coordination with the lessor. In most cases, a cancellation of the leasing contract is agreed with the leasing bank. The exact conditions can be found - you guessed it - in the corresponding contracts.
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Frequently asked questions about accidents involving leased vehicles
Who is liable in the event of an accident involving a leased vehicle?
As a rule, the lessee is responsible for the vehicle - even in the event of an accident that was not their fault. Depending on who is at fault (at fault, not at fault or partially at fault), there are different obligations and claims against the other party involved in the accident or the insurance company.
Do I have to use a specific workshop after a leasing accident?
Yes, most leasing contracts stipulate that only partner or authorised workshops may be used. A repair at a non-authorised workshop can lead to problems when the vehicle is returned.
Who compensates the reduction in value after an accident involving a leased vehicle?
If the value of the vehicle is reduced as a result of the accident, the lessor can demand compensation. In the event of an accident caused by the lessee, the lessee pays. If the accident is the fault of a third party, the reduction in value can be claimed from the other party or their insurance company.
Is professional support worthwhile when settling claims after a leasing accident?
Absolutely. The combination of leasing contract, insurance issues and accident settlement is complex. Experts ensure that no deadlines are missed, that the right workshops are commissioned and that your claims are fully enforced.
