Leasing & rental car return:
Successfully against excessive
defending against back payment demands
Defend yourself against excessive and unjustified demands for additional payments when returning leased vehicles and rental cars.
Often these are normal, acceptable signs of wear and tear and not damage for which you have to pay additional costs.
There are a number of providers who lure customers with attractive leasing offers. Automobile manufacturers such as VW, BMW, Audi & Mercedes as well as specialised companies such as Sixt/Allane, ALD & AIL have discovered leasing as a lucrative business model. Popular types of contracts are in particular the mileage leasing and that residual value leasingNo matter what type of leasing you have chosen, the leasing company will often present you with an excessive additional demand for alleged damage to the vehicle when you return the vehicle.
Car rental companies also like to use the practice of charging for scratches, dents and stains after the rental car is returned, for which the customer is not responsible.
With the help of our experience, you can successfully reject the leasing and rental car company's demand for additional payment. Stop this unfair business model. We will show you how to do it and provide you with comprehensive support.
Make an appointment for a consultation now
Our experienced R&U lawyers will evaluate your case independently and objectively. Call us +49 (0)211 / 819770 or fill out the contact form. We will get back to you shortly.
“WISO – Consumer Magazine” in the ZDF Mediathek:
Problems with leasing return
Leasing companies are increasingly making excessive demands when returning the leased vehicle. Stone chips and normal signs of wear and tear are not damages for which consumers are liable.
6 good reasons why you should defend yourself against unjustified additional demands
- Stop the unfair scam of leasing and rental car companies.
- You often save five-figure additional payments that bring you no added value because you have already returned the vehicle and are no longer using it.
- Avoid cost traps: Previously lucrative offers become unprofitable due to excessive additional demands. You would never have signed the contract based on these poor conditions.
- Benefit from the fact that the burden of proof lies with the lessor/landlord. What they cannot prove cannot be charged.
- Defend yourself against incorrect reports that clearly disadvantage you.
- Use the deterrent effect of assertive R&U lawyers to your advantage, who know the tricks of the industry inside out.
In just 3 steps easy, convenient & fast additional demand reject
Test
We will check whether the requested additional payment is justified.
1Advice
We objectively assess your chances of successfully rejecting the additional claim.
2commissioning
You decide whether we should take action in your case and represent your interests.
3Costs & Prospects of Success
What costs will you incur?
Make an appointment now without obligation and find out the best approach in your specific case during the initial consultation.
For legal protection insurance policyholders The procedure is free of charge, apart from the deductible agreed with your insurance company.
self-payers We will inform you about the expected costs during the initial consultation.
Call us – We are happy to advise you:
+49 (0)211 / 819770
What are your chances of success?
During the initial telephone consultation, we will advise you on your individual case and your personal prospects of success.
One thing is clear, however: the burden of proof lies with the leasing or rental car company. They must prove that the damage goes beyond normal wear and tear and is not due to normal signs of use or wear.
Use this to your advantage and benefit from the assertiveness and determination of R&U lawyers when dealing with unjustified claims. Defend yourself against horrendous additional demands and successfully reject them.
4 questions that are crucial for evaluating your case:
- Is the vehicle roadworthy and safe to operate?
- In which state of preservation where is the vehicle?
- Does the condition correspond to the vehicle's age, contractual mileage and vehicle use?
- What vehicle condition was required for return compatible agreed?
Leased vehicles and rental cars are often at least 3 to 4 years old and therefore cannot be compared with new cars.
The car must be in a condition appropriate to its age and mileage.
What is the legal situation?
Lessors and landlords often withdraw their demands for additional payments if an experienced lawyer rejects the claims with good arguments. Take your chance and put a stop to this business model.
Your leasing contract ends and the lessor wants you to pay for all possible damages at exorbitant prices? The amounts demanded are often not owed and if they are, then the repair costs and reduced value are usually excessive. Don't let yourself be ripped off.
According to case law, the lessee is not obliged to pay compensation if only typical signs of wear and tear are present when the vehicle is returned. Such typical signs of wear and tear are seen, for example, in superficial paint and sheet metal damage, which can occur even from minor contact (AG Osnabrück, judgment of February 5, 1999, file number 44 C 513/98). The court also did not see such damage as so-called "excessive wear and tear" of the leased vehicle and therefore no obligation on the part of the lessee to pay compensation.
In another judgment of 09.10.1996 (file number LG Munich 15 S 9301/96), the court ruled that such “excessive wear and tear” of the leased vehicle does not exist if only slight dents on the doors or scratches on the roof The dents are typical signs of wear and tear when vehicles are used in heavy traffic and where parking spaces are limited, and scratches on the roof can also be caused by using car washes.
In terms of the procedure, case law also states that the lessor must demonstrate and prove that the alleged damage is due to "excessive wear and tear". A report that lists the damage costs without any justification is not sufficient for this purpose.
If the damage items include small dents, superficial scratches, stone chips, worn interior fittings, etc., according to case law these disadvantages are to the detriment of the lessor and not the lessee (i.e. the consumer). The lessee does not have to pay the compensation, which often amounts to several thousand euros, nor does he have to pay the commercial reduction in value sometimes calculated by the lessor (i.e. the amount by which the market value is reduced by the repaired damage).
Lawyer & Partner
Dr. Marco Rogert
Diminished value instead of damage counts
The additional payment you have to make does not refer to the amount of the (possible) damage found on the vehicle, but to a compensation for loss of valueThis is to be done by the expert as part of a overall view to determine.
Regular, typical signs of use or damage due to above-average wear and tear?
Over the past decades, case law has developed a number of principles from which the following can be derived:
What are regular, typical signs of wear and tear that you do not have to pay for?
- 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
Which damages represent a loss of value for which you must pay?
- unrepaired hail damage / hailstorm
- Paint damage that extends to the primer
- Dirt or damage (burn holes) in the interior of the vehicle
- Malfunctions in displays and indicators
- oil moisture / leaks
Each leasing company lists in its damage catalogue what it considers to be damage – and not “normal signs of wear and tear”. However, the past has shown that the courts do not always agree with this.
Are you being asked to pay without justification?
Defend yourself against unjustified demands for additional payments and reject them.
This puts the leasing or rental car company in the position of having to prove any damage and the resulting loss in value. However, the documentation of alleged damage is often inadequate or the report is incorrect.
Take your chance and defend yourself against this scam and unfounded claims for damages. We will support you.
cost trap leasing vehicle
The additional payment often amounts to a five-figure sum. If the additional payment required for the returned leased vehicle is converted into the monthly installment, the previously attractive leasing offer turns out to be a cost trap.
Do high additional payments for alleged damages have a system?
The majority of leasing customers have the same experience. No matter how well maintained the leased vehicle is returned, there is a very high probability that a horrendous bill for alleged damages and a resulting reduced value of the vehicle. Those affected exchange their leasing experiences in Internet forums. The same names of leasing companies appear again and again, which means that they cannot rule out a systematic approach.
Typical signs of wear are not defects
It is therefore not surprising that an entire industry has already specialized in restoring vehicles to new condition, especially before they are returned after leasing.
However, this is often not necessary, as typical signs of wear are acceptable and therefore do not constitute damage.
The implementation of smart repair measures to remove minor signs of wear is therefore often unnecessary.
Signs of wear are permissible
Typical contract clauses in the general terms and conditions of leasing contracts stipulate that the vehicle
• roadworthy and safe to operate and
• the age and the contractual mileage
must be returned accordingly. It must also be free of damage.
Normal signs of wear are not considered damage.
Be careful with the handover protocol
The handover protocol records all signs of wear and tear and damage when the leased vehicle is returned. However, you do not have to sign it!
Please make sure that you have your objections to the recorded vehicle condition noted on the handover protocol and that you receive a copy of it.
Dr. Marco Rogert gives tips on Focus Online:
“Rip-off with leasing car – or rental car return?
This is how you defend yourself.”
3 tips to keep in mind when returning your vehicle
- Take a witness to return the vehicle with and let them track the entire return.
- Take your own photos of the vehicle immediately before or when returning the vehicle. Hold a ruler to the stone chips and dents you want to photograph so that the dimensions of the areas in question are documented.
- Obtain your “own” expert report immediately before returning the vehicle.
Check the report from the leasing company or rental car provider
The following questions are essential:
- Is the appraiser an independent, neutral expert or was he appointed unilaterally by the lessor?
- Does your contract stipulate that you are bound by the results of the unilaterally appointed expert?
Then the report is inadmissible because it constitutes an unreasonable disadvantage and thus an ineffective clause according to § 307 BGB is.
Unless it has been explicitly agreed in the contract that you as the lessee must bear the costs of the report, these must be borne by the lessor.
Also make sure that
- the actual condition of the vehicle was correctly recorded upon return. Please refer to the return report given to you;
- the contractually agreed intended use was taken into account when determining the material defects;
- the report distinguishes normal signs of wear and tear from material defects;
- the costs for repairs and maintenance are listed;
- the report (improperly) includes repair costs for wear and tear due to normal wear and tear;
- the reduced value of the vehicle is specifically quantified (and without VAT).
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Do you have a question? Then just call us without obligation or write to us. Our professional R&U team of lawyers will analyze your case and advise you comprehensively and objectively over the phone. Use our service conveniently and safely from home.
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Take advantage of our initial telephone consultation and ask our professional team of R&U lawyers your questions.
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on additional payments when returning leasing and rental cars
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