Leasing & rental car return – who is liable for damages?

/ leasing and rental car return / state of preservation, leasing vehicles, rental car

Who hasn't experienced this? Renting a vehicle quickly at the airport and then returning it suddenly reveals that there's a dent or scratch. Or, after the end of a leasing contract, the leasing company suddenly contacts you with a Appraise about damages amounting to several thousand euros. You then ask yourself: What now? Are you powerless to deal with such a claim, or is there a way to defend yourself against such often unjustified demands?

The basis is, first of all, that the tenant/lessee is only liable for damages that he/she himself caused. The landlord/lessor has the burden of proof for this fact. He/she can generally only provide reliable proof if he/she two protocols One protocol for the handover and one for the return. The protocols must also be signed by both contracting parties.

Furthermore, the question arises as to which damages the tenant/lessee is actually liable for if they demonstrably occurred during the term of the lease. Damages that occurred during normal use are borne by the landlord/lessor. This includes stone chip damage and typical wear and tear damageThis can be a point of contention, especially in the case of long-term rentals and leasing contracts.

Stone chips and wear are taken into account

Over the past few years, case law has developed a number of principles, including regular, typical signs of wear is about:

  • slight scratches and abrasions on the roof, engine and trunk lid
  • Dents and dents on doors or side panels up to 1 mm penetration depth or with less than 20 mm diameter
  • Stone chips in paint and windshield up to 2 mm in size
  • slight paint and rubber wear on the bumper

Typical signs of wear are therefore permissible and do not constitute damage.

Rogert & Ulbrich recommends – Don’t just accept the alleged damages!

Defend yourself against unjustified demands for additional payment and reject them. This puts the leasing or rental car company in the position of having to prove any damage and the resulting loss of value. However, the documentation of alleged damage is often inadequate or the appraisal is inaccurate.

We at Rogert & Ulbrich We know our stuff and can help you defend yourself against dirty tricks and unfounded claims for damages. Therefore, take advantage of your opportunity now and let us free and non-binding advice!

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