Accident with a leased car: what to do in the event of a crash

adminonFebruary 26, 2022February 11, 2022Leave a Comment

There it is, your new leased car: polished to a high shine, with a full tank of gas and ready for a trip to the countryside. In a good mood, you and your car are driving towards the sun when suddenly there is a crash. Fortunately, all passengers are well, but the car has been damaged. What to do now? After all, the leased car is not your property.

If a leased vehicle is involved in an accident, uncertainty quickly arises: who is responsible?? What rights and obligations do you have as a lessee?? What costs are incurred and how is the claim settled??

In principle, the procedures are no different from those for settling claims after accidents with a car you have bought yourself. In the case of accidents involving leased vehicles, however, it is important to understand that you are dealing with a "triangular relationship": there is an injured party, an injuring party and the owner of the vehicle, the lessor.

After the crash: keep calm and report the accident

The top priority after the collision is to secure the scene of the accident and provide first aid in case there are any injuries. After the initial shock has subsided, you must report the accident.

Whether you call the police depends on the circumstances in each case. In the case of minor damage, this is not mandatory. In this case, it is usually sufficient to note down the license plate numbers and exchange personal and insurance data with the other party involved in the accident. In many other cases, however, it is obligatory to report the accident to the police, for example:

If the accident involves serious damage to property or personal injury
In the event of a dispute over who is to blame for the accident
In case of suspicion of alcohol or drug consumption of a driver
In case of collision with a parked car during the absence of the injured party

The officers who are called in will not make a decision regarding the guilt of the accident. Rather, they record evidence and prepare accident reports, which motor vehicle insurance companies request for the calculation of compensation for damages.

Our tip: The better the documentation of the accident and the damage, the more clearly the question of fault can be answered and the more smoothly the claim can be settled. In case of doubt and in order to avoid a conflict with the insurance company, it is therefore advisable in most cases to call the police.

In the event of road traffic accidents involving a leased vehicle, you must – regardless of the severity of the damage or the question of who was at fault – immediately notify the lessor or. Dealer contact. He is the owner of the car and specifies the further course of action.

In addition, the incident is basically the car insurance report – in written form within one week at the latest, in case of serious injuries or death within 48 hours. Also inform the opposing insurance company about the damage and your own version of how the accident happened!

Accident with the leased vehicle abroad

If no permanent stay is planned, business trips and vacation trips with the leased car to other EU countries and Switzerland are unproblematic. If an accident occurs there, the validity of the insurance coverage is decisive. Always carry the green card (international insurance card for motor vehicles) with you. It is considered as an international insurance certificate and contains important information for claims settlement. As in Germany, accidents should also be recorded by the police abroad. Report the damage to the insurance company and the lessor and sign only documents whose language you understand. If you have your own claims for damages, the central call of the car insurers will help you to find the insurer or the person responsible for the accident. Regulatory representative of the foreign accident opponent: +49 (40) 300 330 300.

Who was at fault for the accident?

If you have reported the accident to all the relevant authorities in due form and time, the next thing to do is to clarify the question of fault. From their point of view as lessee, one of the three constellations comes into question:

The accident was not the fault of the driver.
You are partly to blame for the collision.
you have caused the accident yourself and are mainly to blame.

Third party or. Unintentional accident: If another road user has caused damage to your leased vehicle, the lessor has priority as the vehicle owner to claim damages. If the leasing contract obliges you as the lessee and vehicle owner to repair the vehicle, you can claim the costs incurred from the party responsible for the accident or the lessor. Claim its insurance.

Accident caused by both sides: if you can be proven to be partly responsible for the accident, you as well as the other party to the accident are liable for all damages to the vehicle on a pro rata basis.

Self-inflicted accident: If you are the person who caused the accident, you are liable for damages for the property damage in accordance with § 823 BGB. This means that you are liable for any repair costs incurred and for compensation for any reduction in the value of the vehicle.

For fair, smooth claims settlement, it is essential to take a close look at the question of fault. In any case – even if you are the damaged party – as the lessee you must return the car to the lessor in repaired condition. However, who bears the costs depends on who is responsible for the collision.

By the way: the lessee is usually the one who drives the leased car. If another member of the family also uses the car on a regular basis? To ensure that it is also covered in the event of damage, co-use should be agreed in the leasing and insurance contract.

Repair or total loss: what is the difference??

How the vehicle is treated after the accident and the question of fault has been clarified depends on the severity of its damage. Regardless of the law on damages, the leasing contract defines whether there is a repair or a total loss. Often, the corresponding clauses assume a total loss if the repair costs are more than, for example, the amount of the damage. amount to 60% of the replacement value. A repair would therefore be economically unreasonable.

In the case of a repair damage, If the cost is below this limit, the lessee is usually responsible for the repair of the vehicle, depending on the contractual agreement. The settlement of a total loss on the other hand, is usually a matter for the lessor. It is not uncommon for the leasing contract to be terminated – with the agreement of the leasing bank.

Notice: in any case the lessor has to be contacted. The lessee may not repair or dispose of the leased car without consulting you.

What to consider when repairing leased cars?

Garage bond: one of the most important tasks after an accident is to repair the car as quickly as possible – completely and professionally. You should definitely refrain from having your car repaired by an independent repair shop or by car mechanics from your circle of friends. The lessor gives you the names of selected contract and partner workshops. If he is assigned to a manufacturer’s organization, he will write in the contract in most cases a for the vehicle brand authorized repair shop before. In view of your contractual obligations, you should comply with this requirement even if the insurance company suggests a different, less expensive repair shop.

costs: you will be the first to receive the invoice for the repair. The vehicle insurance of the party responsible for the accident will pay for the repair. If you yourself are the party at fault for the accident, it is a matter of your lessor comprehensive damage, for which your fully comprehensive insurance will cover. The amount of the deductible depends on your individual agreements. Up to a certain amount, it may even be worthwhile to replace the entire damage yourself, if this does not increase your insurance premium. If there is a liability claim is due to someone else’s fault, you pass the bill on to the motor vehicle liability insurance of the other party to the accident.

Our tip: During the repair work on the leased vehicle, you will incur a loss of use. However, it is not possible – even after an accident for which you are not responsible – to suspend payment of the monthly leasing installments for this reason. However, in the case of justified claims for damages, you can recover the costs of a replacement car, an expert’s report or towing costs from the party at fault in the accident or from the lessor. recover from your insurer. The same applies to the financial compensation for the reduction in value of the vehicle, which you then pay to the owner.

If the vehicle loses value in the event of an accident?

A car repaired after the accident is also an accident car and its value is diminished. If the car is sold on, the dealer must expect losses. This economic or. appreciable reduction in value this is particularly important for top-of-the-range and new cars, as they lose value as soon as the ignition key is turned. If only a few leasing installments were paid up to the time of the accident, it can also not be assumed that the devaluation could be compensated approximately. So the lessor is entitled to charge a compensation when returning your leased vehicle at the end of the leasing period.

However, this does not result in any leasing-specific disadvantage for you. The situation is comparable to the resale of a car that belongs to you. even then, you must truthfully state that the car has been in an accident – with the consequence that it will probably fetch a lower price on the used market than a car that has not been in an accident.

Notice: compensation for depreciation is usually only payable in the event of collision damage caused by your own fault. In the event of liability damage, the other party’s vehicle insurance must usually compensate for the damage.

Third party liability, hull& GAP: your options for coverage

German law requires motor vehicle liability insurance to be taken out from the start of the contract for the entire duration of the lease. It compensates the injured party for traffic accident damage caused by the lessee. In addition, fully comprehensive insurance is usually compulsory for vehicle leasing.

Our tip: all-inclusive offers at leasingmarkt.De often already include both insurances.

The fully comprehensive insurance covers the lessee’s own fault vis-à-vis the lessor and settles comprehensive damage claims. But their designation is confusing. Contrary to initial assumptions, the comprehensive insurance does not usually pay for the full damage. It only replaces the replacement value of the leased car involved in the accident. Based on the agreed residual or. Book value, however, the lessor’s claims can be significantly higher. This results in a difference and the insurance payment does not cover all that is owed by the lessee to the lessor, thus the redemption value. In the case of leased vehicles, you should therefore also cover this risk of damage. In some contracts, however, such an additional insurance is part of the contract anyway.

The literal gap between the replacement value reimbursed by the fully comprehensive insurance and the residual lease value is compensated for by the so-called GAP coverage from.

GAP (financial gap)= 7.600 €

Leasing contract	example calculation
36 leasing installments (300 € each)	+ 10.800 €
calculated residual value at the end of the contract	+ 22.000 €
total lease value	= 32.800 €
outstanding payment in case of total loss / theft after 24 months	example calculation
12 leasing installments	+ 3.600 €
Calculated residual value	+ 22.000 €
redemption value	= 25.600 €
financial gap / GAP	example calculation
redemption value	+ 25.600 €
Reimbursed replacement value	– 18.000 €

If your comprehensive insurance includes GAP protection, the entire replacement value of the vehicle is reimbursed after a self-inflicted total loss, and you are not left with the considerable costs. In addition, GAP coverage also applies in the event of theft.

Tip: you can find more information about GAP protection in our magazine article on GAP insurance.

Think about the consequences of the accident before it happens

Whether you own or lease a vehicle, the risk of an accident is with you every day on the road. If the dreaded crash actually occurs, the procedure is the same for everyone at first. The vehicle insurance of the party responsible for the accident is asked to pay for repair costs and other claims for damages. It’s better to take precautions and cover yourself comprehensively with liability, comprehensive and GAP insurance!

the lessee must also observe a number of special conditions, which are essentially stipulated in the leasing agreement: by signing the agreement, the lessee undertakes to report the accident to the lessor as soon as possible and also to inform the opposing insurance company of the involvement of a leased car. The further procedure – for example the repair order or the vehicle utilization after total loss – is carried out exclusively with the consent of the lessor. because he is the beneficial owner of the leased car.

By the way: our step-by-step instructions from the infographic can also be found here as a PDF download – suitable for the glove compartment. So you are always well informed even when you are on the road!

In the event of an accident with your leased car, you will also find a lot of information in our guide section on the repair and on the evaluation of the vehicle at the end of the contract at the lease return. You can read everything worth knowing in the following articles:

Repairs, inspections& TuV: the correct maintenance of your leased vehicle

Before signing: check the leasing contract properly

The advantages and disadvantages of leasing under the magnifying glass

Receive regularly free of charge the best leasing offers by e-mail.

A slight tingling in the legs or temporary numbness are usually the first signs of a polyneuropathy. The disease disturbs nerve conduction, which causes a variety of different symptoms and makes life more difficult for the sufferers. But in many cases the disease is not a final fate, but can be cured causally.

What is polyneuropathy?

Polyneuropathy is a disease of the peripheral nervous system, in which several different nerves can be affected. The word polyneuropathy comes from the greek and translates to "many-nerve disease (poly=much; neuro=nerve; pathie=disease).

The peripheral nervous system is responsible for sensory perceptions such as pain, the feeling of warmth and cold, and touch. It also controls the motor nerve movements of the muscles. The autonomic nervous system, which regulates the function of organs and vessels, is also part of the peripheral nervous system and can be affected by the disorder.

The disease of the nerves results in sensory disturbances up to pain and paralysis, especially in the legs and feet. However, due to the multifaceted tasks of the peripheral nervous system, other very different symptoms can be triggered. in germany, 5 to 8 percent of the population suffers from the disease, which often develops as a consequence of diabetes mellitus or severe alcohol abuse. Depending on the form of the disease and its severity, patients in the final stage of the disease may be dependent on a wheelchair or walker.

What are the causes of polyneuropathy??

There are more than 300 possible causes of polyneuropathy. In up to 50 percent of cases, the disease of the peripheral nerve damage, however, as a consequence of the metabolic disease diabetes mellitus or years of alcohol abuse. Also different viral (lyme borreliosis, diphtheria, fever, shingles, herpes simplex infections or HIV) and bacterial infections as well as certain autoimmune mechanisms (e.g.B. Acute guillain-barre syndrome) can damage the nerves through inflammation.

Furthermore, medications or drugs (z.B. cancer drugs after chemotherapy or statins), toxins and heavy metal exposure (z.B. mercury or arsenic) and vitamin deficiencies (vitamin B1 and B12) a possible cause. Often, polyneuropathy develops as a consequence of a so-called primary disease of the kidneys, liver, gout or disorders of thyroid function (hypothyroidism or hashimoto’s disease). In addition, a polyneuropathy can be the first sign of cancer.

From the large number of possible factors triggering the disease, it is important to find out individually what exactly is responsible for its development. However, in one out of five people with the disease, the cause is not clearly identified idiopathic polyneuropathy.

Polyneuropathy as a result of a gene mutation:

New research by the university department of orthopedics at the university of vienna indicates that a gene mutation could be the trigger of the disease. As a result of this mutation there is a deficiency of the enzyme "neprilysin, which is thought to trigger polyneuropathy.

What are the symptoms of polyneuropathy?

The symptoms can be manifold and differ depending on which nerves are damaged. Typical symptoms are sensory disturbances in the limbs such as tingling, stinging, numbness or "formication. However, there may also be swelling and paralysis as well as functional disorders of organs.

If motor nerve fibers are affected, there may be muscle cramps and twitching (fasciculations) and/or muscle wasting occur. If the nerves in the brain are damaged, the affected person suffers from impaired vision or paralysis of the facial muscles, which can also lead to speech and swallowing problems.

If the nerves of the autonomic nervous system are damaged, this is manifested by, among other things bluish-red discoloration and swelling of the skin, bone softening, cardiac arrhythmias, circulatory disorders, digestive disorders, urinary disorders or impotence as symptoms noticeable.

How does the doctor recognize polyneuropathy??

In medical history the doctor inquires about the symptoms, records existing underlying diseases (e.g., scoliosis), and.B. diabetes or thyroid dysfunction) and inquires about possible substance abuse (such as drug or alcohol addiction). This is followed by a neurological examination. reflexes and muscle strength are tested as well as the perception of touch, vibration and temperature.

Through a blood test the doctor detects existing vitamin deficiencies (vitamin B 12) or a previously unknown diabetic disease. Furthermore, one can think of a malposition of the foot (clawed toes, hollow foot) or other malformations of the skeleton (such as scoliosis) a hereditary polyneuropathy can be determined.

How quickly nerves transmit an excitation is measured by the electroneurography (ENG). The electromyography (EMG) in turn, records the activities of a muscle – both at rest and during tension. A electrocardiography (ECG) can provide information about whether the autonomic nerve fibers of the heart are damaged.

Shot glass with alcohol next to beer glass

Alcohol should be avoided in polyneuropathy. (c) rainer fuhrmann / fotolia

Special diagnostic procedures:

If the doctor cannot find a cause for the polyneuropathy symptoms with the methods described, the doctor must use more specific procedures. For example, the physician can determine the cause of the polyneuropathy symptoms by examining the nerve fluid examination (liquor examination) recognize an inflammation-related polyneuropathy. If a genetic polyneuropathy is suspected also a genetic analysis is possible.

By means of ultrasound examination of the urinary bladder the doctor can determine whether bladder emptying is disturbed, which is often the case with autonomic polyneuropathy.

In particularly severe cases of illness, a so-called nerve biopsy for which a tiny sample of the nerve tissue is taken from a small incision in the patient’s skin. Under the microscope, the doctor can detect a polyneuropathy in this way. This examination is particularly necessary for diabetics in whom only nerves on one side of the body are damaged. In technical jargon this is called asymmetric diabetic polyneuropathy. If there is evidence of leprosy as the cause of the nerve damage, the doctor will also perform a nerve biopsy.

How is polyneuropathy treated?

The polyneuropathy itself is not treatable, the cause of the nerve damage must be identified and cured. If there is an underlying disease, the first step is to treat it and thus stop the disease from progressing.

Treat the cause:

For diabetic this means consistent adjustment of blood glucose, regular medical checkups and a balanced diet with sufficient exercise. In addition, high-dose alpha-lipoic acid infusions help stabilize sugar metabolism and relieve nerve pain.

If high alcohol consumption the cause of the polyneuropathy, the patient must refrain from alcoholic beverages. At vitamin deficiency it is important to compensate for this and thus prevent the progression of the disease. However, it should be noted that in some cases the deficiency is caused by an absorption disorder of the body. In these cases, oral supplementation is of no use. Instead, the doctor should administer the appropriate vital substances (especially often B vitamins) intravenously.

In the case of poisoning, for example by lead or arsenic, binding agents such as penicillamine help toxins out of the system. Re-exposure should be avoided as a matter of urgency. If the polyneuropathy was diagnosed by bacteria triggered, in many cases these can be killed by antibiotics. In the case of viral infections, treatment is highly dependent on the type of pathogen.

Treat symptoms:

As symptomatic therapy the doctor uses drugs against the pain. These are based on the respective symptoms and are individually adapted to the patient. Through the administration of painkillers the unpleasant sensations of irritation can be damped down. For this purpose, the doctor usually prescribes acetylsalicylic acid or paracetamol, also opioids are administered in rare cases against severe pain. Anticonvulsants (antiepileptics) and antidepressants help patients to tolerate the sensations more easily.

Stimulation current therapy:

For transcutaneous electrical nerve stimulation (TENS) the doctor places electrodes on the painful regions, which send electrical impulses to the skin area and thus reduce the pain. The effectiveness of this therapy is still scientifically unconfirmed.

Exercise therapy and physical applications:

In order to ensure the mobility of the affected person for as long as possible, movement therapy is very helpful. This is how the possibly disturbed motor function is trained and circulatory disturbances are prevented. Physiotherapy, alternating baths, exercise baths, heat treatments, acupuncture and massages are also frequently used to support the treatment of polyneuropathy.

how to prevent polyneuropathy?

There is no real protection against polyneuropathy, but by taking an appropriate lifestyle can minimize the risk of disease. Especially a low-sugar, balanced diet with plenty of fiber and regular exercise prevents the development of many diseases of civilization.

For diabetics, it is also important to have their blood values checked regularly and to be on the safe side possible changes in the feet to pay attention – especially to injuries or wounds that are not felt.

Since regular alcohol consumption increases the likelihood of a polyneuropathy, it is recommended to, to consume alcohol only occasionally or to abstain from it completely. Drugs and environmental toxins must be avoided, and in the event of a viral or bacterial infection, a doctor should be consulted immediately.

What are the chances of recovery from polyneuropathy??

If the cause of the disease is recognized and eliminated in time, polyneuropathy decreases in most cases a good outcome.

However, if the triggers are not found, it can lead to permanent damage to the nerves come. Therefore, a doctor should be consulted at the first symptoms. This is especially true if one of the primary diseases is known to be present.

Due to the many manifestations, the course of the disease differs from patient to patient. Thus some forms of polyneuropathy originally curable, others must be treated symptomatically for a long time.

In germany there is a long discussion about a speed limit on freeways. For years, two groups have been irreconcilably opposed to each other, claiming that their view is the only true one. Environmental experts and associations are as insistent in demanding the introduction of a speed limit as the car lobby is in rejecting it. So far the autofriends are winning with nice regularity.

Content of this article

In germany no speed limit on freeways

Germany is one of the few countries in the world where everyone is allowed to race what the turbo can do. A there is no general speed limit, however exist special restrictions on about 40% of the freeways, temporarily or completely. At the same time, many who do not belong to any of the camps do not understand the excitement. A speed limit of 120 km/h would save about 2.5 million tons of carbon dioxide per year. Considering that 85 million tons are caused by car traffic every year, this is not exactly a gigantic number. The number of traffic fatalities would probably not be revolutionized by a speed limit either. Already, most fatal accidents occur on roads under the speed limit. So why the uproar?

Many factors play a role. This includes the automotive industry with 720.000 jobs just like the horsepower fan club ADAC. The automotive industry generated sales of 273 billion euros last year, the majority of which were generated abroad. German cars sell extremely well all over the world, especially in the luxury class. The market share of german premium vehicles is 80% worldwide. The VDA, the influential association at the top of the German automotive industry, has calculated that around half of all automotive jobs depend on this premium collection – expensive, heavy and fast cars that are comfortable and safe even at high speeds.

To reduce the fuel consumption of a car, to make it quieter or safer, a number of technical innovations are necessary. All the more so if they are to be or remain fast at the same time. To make matters worse, the germans tend to be a car-driving people. While younger people in many other countries define themselves in terms of status symbols and self-confidence by smartphones, tablets and other means of communication, in germany the car is still regarded as a status symbol, and here it can be a little more than that.

Speed limit in germany is also an environmental issue

That’s why the issue must always be on the agenda for speed limit advocates. For the council of environmental experts, the call for a speed limit has been part of the standard program for environmentally and people-friendly traffic for many years now. In 2005, you proposed speed limits of 120 kilometers per hour outside built-up areas and 30 kilometers per hour inside built-up areas. You argue that the more power the engines can produce, the more difficult it is to reduce CO2 emissions. A 50% reduction in power could cut carbon dioxide emissions by up to a third.

So a speed limit is not just about slower driving being more environmentally friendly, but about building slower, lighter and less powerful vehicles in the first place. So it’s about a disarmament program towards smart and efficient lightweight cars. At least that is the opinion of jochen flasbarth, president of the federal environmental agency.

Such a program would also have an impact on the german freeway network. Currently one kilometer of freeway costs about 10 million euros. Wide roads, mostly impassable for slow traffic and animals, mill through the landscape. One of the reasons for this is the necessary maximum speed on german freeways. Here, too, things could be done differently. The introduction of the seemingly so small and free speed limit would thus have serious changes as a consequence. The business model of the export-oriented automotive industry would also be called into question. No german politician in germany will voluntarily and without need mess with the auto industry. The same applies to the ADAC, which has around 18 million members.

The biggest interest groups are against speed limits in germany

So in the end it is completely irrelevant whether a speed limit makes sense or not. Crucially, the two biggest auto industry interest groups, the ADAC and the industry itself, don’t want a speed limit. Consequently, it is categorically rejected by FDP and union. the greens, the SPD and the left-wing party demand it again and again. It is interesting to note, however, that these demands from the Greens and the SPD only ever come up when both are in the opposition. As government parties, the demand for a speed limit is somehow always forgotten.

in 1998, the green party demanded a speed limit of 100 km/h on highways, 80 km/h on country roads and 30 km/h in built-up areas. two years later, as environment minister, jurgen trittin announced that he had long since given up trying to mess around with this german obsessive-compulsive neurosis. In 2007, the SPD decided at its party conference to set sail for a general speed limit. In the election campaign that followed two years later, this demand appeared nowhere again.

Speed limits in other countries

Until something actually happens with the speed limit in germany, we can compete with a few other countries in maximum speeds and race as fast as the exhaust will take us. In the whole of europe, there are only only one other region where there is no speed limit: the british island of isle of man. No speed limit has been introduced here at all to date, neither on highways nor on byways. An introduction was considered in 2004, but it was rejected by large parts of the population.

Rwanda introduced a speed limit in 2001, followed by australia and tibet in 2007. The U.S. state of Montana had no speed limit from 1995 to 1999, but has now also reintroduced it.

Still perfect without speed limits are the indian states of vanuatu, pradesh and uttar, as well as nepal, myanmar, burundi, bhutan, afghanistan, north korea, haiti, mauretania, somalia and lebanon.

No one will be able to say right off the bat to what extent we can compete with these countries in terms of speed limits. However, one can dare to claim that in all countries without speed limits, except germany, no significant maximum speeds can be reached simply because of the road network – unless you sweep across the roads in a hoovercraft bouncy castle.

Automotive expertise.De – your reliable partner

As an independent vehicle appraiser, we would be happy to help you check your claims. Simply call our damage experts free of charge: 0800/5701700

*the costs of an expert opinion which you have drawn up after a motor vehicle accident for which you are not to blame, in order to establish the damage, the vehicle’s current value and the probable repair costs, are to be borne by the insurance company of the party responsible for the accident (§ 249 BGB).

**through our expert partner network CLAYM+ you get everything from one source!

please note that we do not give any legal advice on this website.