When you’re out of "can i borrow your car??" becomes more than a friendly service, it can be particularly annoying for the owner.
Berlin – borrowing your buddy’s car because you’re moving house, need to dispose of old furniture or your own car is in the workshop? It’s not a big deal for many. But it can lead to problems and possibly even to the end of long lasting friendships.
Clarify in advance who will pay for damages
Experts agree that concrete agreements and even a contract in advance do not hurt. "The agreement should make clear that the driver uses the vehicle at his own risk", according to herbert engelmohr, spokesman for the automobile club of germany (avd). He also advises to make concrete agreements about it, who will pay for repairs in case of damage. this makes sense especially if the friend causes an accident and there is only a partially comprehensive insurance policy that covers the third-party damage but not the damage to the own vehicle. But even with fully comprehensive insurance, you have to agree on who pays the deductible.
inform your insurance company about the loan transaction
If the friend is to blame for the accident, the insurance rate will usually be more expensive as well. According to mathias Zunk from the German Insurance Association (GDV), this scenario should also be included in the contract: "It should be regulated how, in the event of an accident with a upgrading the no-claims discount is dealt with." the expert also says: "if you rent out your car privately, you should inform your car insurer and discuss whether the existing contract allows it." because the circle of users, a component of the tariff, is often contractually restricted. There are contracts, according to which, for example, only one person is allowed to drive, only persons over 21 years of age or only family members.
Liability insurance always pays out, despite a violation, but it can still be more expensive. "According to contract law, the insurer can also demand the increased tariff retroactively for the current insurance period as well as charge it in the future. So it is demanded back and recalculated.", according to christian weishuber, spokesman for allianz insurance. In the case of serious and deliberate misconduct, even a whole year’s premium as a penalty payment is possible.
However, there may be a certain degree of tolerance: "we look at the individual case. If the driver is replaced, for example, because the original driver was no longer able to drive due to alcohol, nothing usually happens." with a certain regularity, however, the contribution would be adjusted. Jana hanisch of the german lawyers’ association (DAV) adds with regard to prior agreements between the vehicle owner and the friend who borrows the car: "the content of a contract should clarify the question of how long the friend is allowed to use the vehicle and who bears the running costs."
Explain the functions before handing over the vehicle
The lawyer advises to have the original driver’s license of the friend shown to you. It also makes sense to make an agreement, how many kilometers may be driven, whether the car can be taken abroad and the friend can give the car to other drivers. He then gets the registration papers, part I, and is shown where the warning triangle and first-aid kit are. the hirer should familiarize himself with the car’s functions and peculiarities before driving it. diesel or gasoline engine? How do lights and windshield wipers work??
fines are not paid by the owner – with one exception
An accident does not necessarily have to happen for a dispute to arise. Violations of the road traffic regulations can also trigger a need for discussion. So what happens if the friend drives too fast, ignores the prescribed safety distance or even runs a red light and is flashed?? "First, the owner is contacted", explains hanisch. "In most cases, the authorities also compare the driver’s photo with the data stored on the vehicle’s owner." if it is determined that the two cannot be identical, the only thing that can be done is to investigate further. "Normally, the case against the owner is dropped", according to the lawyer.
"In principle, fines can only be imposed on the person who was driving the vehicle", also confirmed by herbert engelmohr of the avd. at the same time, he points out one exception: stationary traffic. If the friend gets a parking ticket for wrong parking, the holder is written to and has to pay, even if it is not his fault. "the fine authority can impose a fee of 25 euros on the owner if the specific driver cannot be determined", so angel moor. Then you as a car owner only have the possibility to get the money privately from the hirer.