The way we buy a new car has changed dramatically in recent years. Whereas grandpa and grandma used to save up for a fresh new car for what felt like an eternity, today people lease for all they're worth.
However, the new rules of vehicle procurement also raise new questions about insurance and claims settlement. An accident with a leased car can happen quickly - but what do you actually have to consider in this case?
- 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 liability to the vehicle owner (lessee).
- When choosing a workshop, it is important to consider the partner workshops of the leasing partner - even if cheaper options are available. (Example: Mercedes-Benz Leasing will usually send you to a Mercedes-Benz workshop, even if the fast fitter 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.
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
Having a leased vehicle repaired 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, the lessor has some form of further utilisation in mind. (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.
Steps towards fair claims settlement
Also and especially in the event of damage to the leased vehicle: with faire-Regulierung.de you are on the safe side.
- 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 activate the right specialist for you, who will immediately examine your case on your behalf and coordinate with you directly with a point-by-point plan.
- The best possible claims settlement will be initiated for you without any further effort. We will organise everything for you, from expert appraisals to rental cars and repairs.
