“Private Car Rental: How to Protect Yourself and Your Vehicle”

“May I have your car?” Lending out your own vehicle can quickly become a friendship killer in the event of a claim. In the worst case, there is even a penalty.

There are many reasons for renting your own car: moving house, family outing or a joyride. You often think that nothing will happen. However, in the event of an accident, it can quickly become expensive – such as when people mistakenly assume “right before left” in the supermarket car park.

According to a recent survey by “rapids‘ commissioned by ‘CosmosDirekt’, 83 percent of German drivers have no problem letting their partner, relatives or friends drive their own car ‘quickly’.

In comparison, every tenth driver – around 11 percent of the study participants – states that they do not let go of the steering wheel at all. A total of 1,011 car users were surveyed. In principle, there is nothing wrong with lending your own vehicle, but it is better to secure yourself in advance and observe certain regulations. This includes, for example, checking a valid driver’s license and notifying the car insurance provider in advance.

Vehicle Owner Responsibility — Car rental companies can be prosecuted for this

“Anyone who leaves their vehicle to others free of charge as a vehicle owner,” explains attorney Christian Marnitz, “is usually liable for all damage caused by the borrower.” The traffic law expert, who works for a large partner law firm of Geblitzt.de warns against such cases in particular: “If your own motor vehicle is given to people without a valid or confiscated driver’s license, there is a risk of a fine or imprisonment of up to one year. In certain circumstances, the vehicle can even be confiscated.”

According to Section 21 of the Road Traffic Act “Driving without a driver’s license”, not only the driver of a motor vehicle without the required permit is punishable, but also the vehicle owner who leaves his own motor vehicle to others under these circumstances.

Even if it seems that for some reason the borrower is unable to drive a vehicle safely, under no circumstances should you hand over the key. It doesn’t matter whether the reason is fatigue, alcohol or drug use. In such situations, the safest service is not to let that person drive.

Tips for private car rental

• 1. Agree on purpose and route:
• It is important to have clear agreements about the purpose and route before renting the car, even if you are friends with the person. In this way, misunderstandings and conflicts can be avoided.
• 2. Explain vehicle functions and handling:
• Before handing over the car, it is recommended to do a short test drive together to familiarize yourself with the functions and driving dynamics of the vehicle or to adjust the seats and exterior mirrors correctly. It is particularly important to take a test drive when renting high-performance vehicles. This increases traffic safety and avoids possible accidents.
• 3. Define return modalities:
• It sounds like a contractual clause in a car rental contract, but it is also a must in private car rental: Clear rules as to when and in what condition the vehicle is returned. This not only includes the agreement that the car should be returned clean, but also the arrangement for refueling.
• 4. “After” rules that include possible violations of traffic rules:
• This also includes agreeing who is responsible for penalties such as illegal parking or speeding. Of course, these should be carried by the vehicle driver. Damage to the car that is not immediately apparent and only becomes apparent some time later should of course be paid for by the car.
• 5. Legal protection regarding insurance in the event of damage:
• It is also very important to clarify in advance with your own car insurance how possible damage to the car is covered that was not caused by the policyholder himself. In this case, the insurance conditions can be very different and, in the worst case, can lead to unpleasant financial surprises.

Motor vehicle insurance – additional payment instead of a discount or even a contractual penalty

If you want to be 100% secure in order to be prepared in the worst case, put the agreements made in writing.

If the car insurance contract dictates that only one specific person may drive the vehicle, the policyholder will benefit from lower car premiums. However, if the car is lent to another person, it can get quite expensive. In the event of an accident, motor vehicle liability insurance does cover the costs of damage caused to a third party. However, the policyholder must subsequently pay the premiums that he has saved as a result of the previous contractual agreements. There is also a risk of a contractual penalty.