VEspecially in metropolises, more and more people are deciding not to have their own vehicle. If necessary, they can organize a car for a tour, a day or a whole weekend.
But what does the opposite look like when private car owners lend or rent their vehicle? Lending your car to friends at short notice is not uncommon. But keepers should be clear about who is liable in case of doubt.
In principle, borrowers are responsible and have to pay for all damage, according to lawyer Daniela Mielchen. If there is an accident, however, the liability insurance of the vehicle will cover the damage to the party involved in the accident.
“If you have fully comprehensive insurance, it regulates the damage to your own vehicle.” However, the borrower has to pay for all further payments, such as deductibles or upgrades.
Car rental prefer in writing
Lawyer Mielchen advises you to address questions of liability in advance, especially if you have neither comprehensive nor partially comprehensive insurance. And also to fix them in writing.
“This is important in order to make it clear to the vehicle rental company in particular what duties they are assuming,” says the expert. “It also makes sense to record what previous damage the car has.” The ADAC also recommends writing and offers online sample letters.
If you pass your car on to friends and acquaintances, you have to ensure that all important papers are on board in addition to the important question of liability and insurance. “The driver must always have the registration certificate Part I with him. It is proof that the vehicle has been properly registered ”, according to the German Insurance Association (GDV). Anyone who lends their vehicle to others must also check beforehand whether the user also has a driver’s license.
Who may not be allowed to drive?
However, it is not absolutely necessary to report the loan of your insurance. “However, it makes sense to take a close look at your own insurance conditions, because the insurance cover may have been limited to certain drivers or groups of people such as the family,” says Daniela Mielchen.
As a rule, the policy can also be temporarily extended. The insurance cover is in no way endangered. “The insurance company pays, but usually charges the higher costs for the additional driver and may also demand a contractual penalty.”
However, anyone who regularly leaves their car in the hands of others and takes money for it is also treated differently from a legal point of view. “Borrowing and renting are not the same,” says Daniela Mielchen. “When borrowing, the lender provides the borrower with the item free of charge. In the case of rent, however, the item is left against payment of an agreed rent. ”
Anyone who regularly rents their car privately must also note that the income from this is only tax-free up to a limit of 256 euros per year.
Car sharing platforms are not without controversy
This also applies if the vehicle is offered via portals. The car is insured for the period of rental via the platform, which receives a commission for it. Such portals are, however, not without controversy.
“Anyone who rents a vehicle for commercial purposes must register and insure it at the registration office in accordance with applicable law,” explains Michael Brabec from the Federal Association of Car Rental Companies (BAV). “Then an annual general inspection is mandatory and the insurance company also classifies the car differently.”
This takes into account the special demands placed on rental cars. The BAV regards the fact that rental vehicles offered privately on such portals in very many cases do not meet these stricter conditions to be inadmissible.
In addition, if you rent there, you have no guarantee of the safe technical condition of the rental car. In contrast, this is the case with a professional car rental company or car sharing provider.
Can I even rent cars commercially?
Daniela Mielchen also sees private car rental via commercial platforms as at least controversial. “Anyone who does this should regularly check whether what they are doing can be classified as commercial. Because then possible tax back payments and fines could threaten. “
A car owner must also clarify whether their own motor vehicle liability insurance allows renting on a commercial platform. Drivers are therefore on the safer side if they pass on their car purely for private purposes.
Whether lending or renting out – the Verkehrsclub Deutschland (VCD) believes that sharing your car is basically the right way to go: “On average, a car stands around 23 out of 24 hours, so car sharing is a good approach,” says Stephan Oldenburg from VCD. Especially in rural regions, where there are less professional car sharing offers, sharing a car privately is a good way to combine mobility and sustainability.
Unfortunately, the insurance industry is still very cautious here and offers too few offers for private car sharing. “When it comes to concluding an insurance contract for several people, many insurance companies apparently shy away from the risk,” says Oldenburg.
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