2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Car rental companies must inform those who have suffered an accident whether the costs for the chosen replacement vehicle will be covered by liability insurance. But only an additional demand from the insurance company gives you final security.
A car rental company must inform those who have suffered an accident whether their liability insurance covers the tariff for a rented replacement vehicle. This is especially true if the costs are significantly above the normal tariff on the relevant local market. The Auto- und Reiseclub Deutschland (ARCD) in Bad Windsheim (Bavaria) refers to a judgment of the Federal Court of Justice (BGH) (Az.: XII ZR 72/04). In that case, insurance did not cover the full cost of a rental car.
The landlord wanted to sue the accident victim for the difference of 1,600 euros, although he gave the tenant the wrong information when signing the contract that there were no problems with the liability insurance. The judges ruled that the car rental company could have foreseen the insurance refusal. Without the misinformation, the motorist would have rented a car at the normal rate and thus saved the higher costs, according to the BGH.
However, the ARCD advises motorists injured in an accident to clarify exactly before renting an accident replacement vehicle whether the insurance fully reimburses the costs for the corresponding vehicle class and for the tariff of the lessor. (dpa)