The rented car was involved in an accident

Unfortunately, accidents with a rented car still happen, who is responsible? Car rental and accidents - we will tell you the procedure and instructions.

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WHAT IS IMPORTANT TO KNOW WHEN RENTING A CAR

Even if you are a person with extensive driving experience, there are many people around you on the road who do not follow traffic rules, and sometimes even if all these rules are followed, many situations arise when accidents still happen, even out of the blue. You've probably watched funny videos on the Internet from the scenes of such accidents. But let’s not forget that road accidents are a real danger, and we will be vigilant and as attentive as possible to prevent even this kind of accident.

Let's start from the very first moment - a preliminary inspection of the car before leaving the garage. To do this, you, as a person who is going to rent a car, must be well versed in all technical aspects. It happens that service employees did not notice any damage caused to the car by the previous tenant. Therefore, carefully inspect the car before leaving the garage. This is the first piece of advice that will help you avoid additional expenses associated with a rented car that has been involved in an accident.
Be sure to clarify all questions regarding insurance claims with a rented car. This is not prejudice, this is ensuring your rights, and partly your protection in case of an accident, so that there is no panic in this situation. There must be insurance without a limit on the number of drivers of the car. Only this type of insurance is suitable for car rental.
Study, and only after that, conclude a vehicle rental agreement in order to know the responsibility of each party to the agreement in case of an accident.

PROCEDURE FOR ROAD ACCIDENTS

We are all human, and none of us can give a 100% guarantee or protection against an accident. A lot of factors on the road affect everyone, even if you are a professional driver, not everything depends only on you. And the likelihood of getting into an accident, even through no fault of your own, is always there. What if the rental car got into an accident?

Stop the car and turn on the hazard lights.
Take measures to evacuate passengers from the car
Put up a warning triangle
Provide assistance to the injured and call an ambulance
Call the traffic police
In the message you must indicate: your last name, the number of the rented car, the rental agreement number, the exact address of the accident, as well as information about the car with which the collision occurred, whether there were victims, whether evacuation is required
Do not move objects related to the accident
Inform the landlord about what happened
Write down the names and phone numbers of witnesses to the accident
Write down the details of the vehicle involved in the accident.
If the driver of the vehicle involved in the collision refuses to resolve the issue with the traffic police, explain that your vehicle is leased and insured and you need official documents
Provide the lessor with all the necessary documents and certificates of damage caused to the vehicle (issued by traffic police officers)

LIABILITY IN ROAD ACCIDENTS

Official companies providing car rental services are required to insure vehicles under the “damage” clause. And even in the event of an accident in a rented car, the insurance company compensates for the damage caused, even if the incident occurred during the driver’s working hours. But there are also cases when the insurance policy does not cover all losses, in this case, after an accurate assessment, the difference that the renter needs to cover is calculated.

In the case of the Platinum Motors service, a separate service “Exemption from liability” is provided, which can be compared with CASCO. The advantage of the service is that you are exempt from liability for damages and all disputes will be resolved as quickly as possible.

Who is responsible for an accident in a rented car?

In general, car rental services only require civil liability insurance. Consequently, the client is protected from possible problems associated with the incident even more reliably than the owner of the car. Of course, cases of violation of traffic rules by the driver of a rented vehicle are excluded, for example, drunkenness in an accident or other serious offenses, i.e. cases when the driver himself is to blame for the accident.

There are also other situations when the driver does not bear the burden of an incident on the road, for example, renting vans with an exemption from liability in case of an accident (relinking).

And finally, a few more recommendations for rental car drivers:

If you don’t have a navigator, then don’t skimp on purchasing a city map; study your routes in advance to avoid violating traffic rules, especially when it comes to freight transport, which is not allowed to travel everywhere.
Study in advance the features of the car you rented, its technical characteristics, which also determine the choice of route (after all, for example, the Gazelle is not able to move on soft ground) and not every brand of car can withstand harsh weather conditions.

The rental car was involved in an accident

Hello. My car was in an accident, the driver rented it, there is a rental agreement, an act of acceptance of the transfer; before that, I worked as a hired driver for a month. As a result of the accident, a person and three cars were injured. I am the owner of the car. Who bears financial and other responsibility?

When renting a car, being its temporary owner, the lessee bears responsibility. He must be interested in the safety of the car in the condition in which he received it, therefore he bears some financial responsibility, which is specified in the rental agreement.

You have a classic rental agreement for a vehicle without a crew. By virtue of Article 648 of the Civil Code of the Russian Federation

Responsibility for damage caused to third parties by the vehicle, its mechanisms, devices, equipment is borne by the lessee in accordance with the rules of Chapter 59 of this Code.

So don’t worry, nothing will happen to you,” the tenant answers.

Yura, In accordance with Art. 1079 of the Civil Code of the Russian Federation, you, as the owner of the high-risk device, will also be responsible for damage. In this case, if your driver is at fault, the defendants are you, the driver, as the tortfeasor and the insurance company. If the victims go to court, the court will determine who should compensate for the damage and in what amount.

The court explains it this way:

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1, Moscow “On the application by courts of civil legislation governing relations under obligations resulting from harm to the life or health of a citizen”

11. According to the general rule established by paragraphs 1 and 2 of Article 1064 of the Civil Code of the Russian Federation, responsibility for causing harm lies with the person who caused the harm, unless he proves the absence of his guilt. In cases specifically provided for by law, damage is compensated regardless of the fault of the harm-cauter (clause 1 of Article 1070, Article 1079, clause 1 of Article 1095, Article 1100 of the Civil Code of the Russian Federation). The obligation to compensate for harm may be imposed on persons who are not the causers of harm (Articles 1069, 1070, 1073, 1074, 1079 and 1095 of the Civil Code of the Russian Federation).

The presumption of guilt of the harm-doer established by Article 1064 of the Civil Code of the Russian Federation presupposes that the defendant himself must provide evidence of the absence of his guilt. The victim presents evidence confirming the fact of injury or other damage to health (for example, the fact of harm caused as a result of a traffic accident involving the defendant), the amount of harm caused, as well as evidence that the defendant is the causer of harm or a person legally obligated to compensate harm.

What to do if you get into an accident in a rented car

Ideal road conditions, excellent visibility. It would seem that nothing portends trouble... When suddenly you get into an accident. Is it through your own fault or due to the carelessness of another driver? This is especially important now, because you are driving a car that was rented.

There are a lot of situations in which you may need to rent a car: from lengthy service repairs of your own vehicle to a forced business trip to another city or country. Thanks to the AUTO.rent service, you can choose any of thousands of cars in your city and within a few hours “be with wheels”.

But no matter how qualified a driver you are, before receiving a leased vehicle, you need to be aware of the actions that await you in the event of an accident.

Unfortunately, the road is unforgiving of mistakes, and an accident may not be your fault. Therefore, it is important to know what to do if such an unpleasant incident occurs. After all, forewarned is forearmed.

The lessor is the person from whom we take the car for temporary use. Lessee - a person who has taken a car for temporary use, i.e. - You.

That is why it is necessary to understand the responsibilities of each party.

The main document that has legal force is the “Vehicle Rental Agreement,” which clearly states the responsibilities of each party. But, since our people like to read official documents only “when it’s hot,” let’s focus on each point.

In this material, we will consider a typical vehicle rental agreement. Many representatives use their own version, so when registering, carefully read the specific copy of this document.

Responsibility of the lessor in the event of an accident on a rented car

According to the terms of the agreement drawn up by the lawyers of the AUTO.rent service [ View ], absolutely any lessor, i.e. the person who provides you with a car for a certain period of time for a set monetary reward is obliged to insure the car, having received, at a minimum, a compulsory motor liability insurance policy.

Being the owner of the car, it is the lessor who bears the costs of insurance (note, not for the insured event) clause 2.2.3.

Of course, when transferring a car for temporary use to you, as a renter, the owner is obliged to carry out all necessary repairs (clause 2.2.2), including capital ones. Simply put, you are given a fully functional car. This is the main requirement for the landlord.

In the event of an accident, you should more specifically understand the responsibilities of the tenant.

At the time of the accident, the tenant is driving the vehicle. The lessor has a document in his hands confirming the transfer of the car for temporary use for a specified period. This means that the tenant must take responsibility for the accident. Right?

Accident in a rented car: who is responsible?

Lessee's liability in case of an accident

So, by renting a car, you are obliged to comply with several main points of the contract, namely:

Do not perform any repairs or disassemble the vehicle yourself without agreeing on these actions with the lessor (clause 2.3.2). And given that such agreement must be recorded notarized and in writing, at the time of rent you should simply forget about the possibility of self-repair.
From the above it follows that in the event of an accident, it is impossible, as is our custom, to “agree on the spot” without informing the lessor, and then carry out independent repairs. This will contradict the “Rental Agreement”.
You are obliged to ensure the safety of the vehicle for the entire rental period (clause 2.4.2), and in the event of an accident, notify both the traffic police and the lessor (clause 2.4.4).

If an accident occurs, representatives of the traffic police record mechanical damage to the vehicle (using the appropriate form), provide a certificate of the fact of the accident, indicate the participants and determine the culprit of the traffic accident.

By the way, you, as a renter, must hand over the original documents to the owner of the car within 2 working days.

You, as a renter, are not to blame for the accident

Considering the fact that any car provided under the terms of a temporary rental must be insured and have a compulsory motor liability insurance policy, in the event of an accident not through your fault, you, as a renter, are not responsible for damage caused to the car.

You are only obliged to file an accident in accordance with all the rules established by the legislation of the country in which you are staying, and notify the lessor about the incident by handing over a package of documents.

Please note that at the time of an accident, you, and only you, as the renter, are required to be behind the wheel, without transferring control of the vehicle to third parties.

You, as a tenant, are at fault for an accident

An accident can occur due to unfavorable road conditions or due to negligence. Alas, no one is safe from an accident. If you become the culprit of an accident while driving a rented car, the main and primary condition is not to panic. Everything can be resolved without significant consequences.

The order of your actions is as follows: call the traffic police or the police, inform the landlord, provide documents about the damage caused.

Next, the issue of payment of compensation will be decided by the owner of the car, but be prepared for the fact that coverage for repairs may fall on your shoulders, since the insurance company may not completely cover the insured event.

Always discuss details before concluding a contract

We work every day to make the AUTO.rent service as convenient as possible for both the tenant and the landlord. The number of cars placed within our site is growing exponentially.

Unfortunately, it is quite difficult to explain to each client all the intricacies of a vehicle rental agreement. This is why we encourage our users to:

Carefully re-read the agreement provided by the AUTO.rent service. If necessary, ask any questions you may have before signing.
Despite all the advantages of renting a car, when driving a vehicle rented for a limited period, remember that you have double responsibility. As they say, “for yourself and for that guy.” Compliance with traffic rules and careful driving is a guarantee of an unspoiled vacation or business trip.
Be honest. Even if an accident occurs, regardless of whose fault it was, you are required to notify the lessor about it. Remember that by fleeing the scene of a traffic accident, you automatically sign your own death sentence - all costs of repairs and compensation fall on your shoulders (clause 4.3).

Compliance with these basic rules can make life much easier for both you and the person providing the car for use. After all, they say that cars have a soul - try to treat them like living beings and they will definitely thank you with a pleasant growl of the engine and a safe route.

What to do if a rented car is involved in an accident?

Any accident on the road is unpleasant. Even if only the car was damaged, and even if everything happened through no fault of yours. Of particular concern is the situation when the car is rented. Many questions instantly flash through your head: what to do, where to call, how much the trouble will cost? In this article we will answer these questions and describe the algorithm of action if you are involved in an accident in a rented car.

Before signing a car rental agreement, make sure you have an insurance policy and that it is not expired. We are talking about the MTPL policy - it is mandatory. CASCO is not always present. This type of insurance is voluntary, and also expensive, and companies providing rental services do not always use it. Basically, CASCO covers expensive cars, the repair of which costs hundreds of thousands of rubles.

To save money, when applying for a CASCO policy, car companies use a franchise. In simple terms, this is a clause in the contract that provides for the amount not to be reimbursed to the policyholder in the event of an accident. If you took a car with a CASCO limited deductible, check its size. According to the rental agreement, it will have to be compensated upon the occurrence of an insured event.

First of all, you must stop immediately and do not move the car, even if it interferes with traffic.
After turning on the emergency signal and installing the appropriate sign, you must make sure that there are no casualties.
It is necessary to report the incident to the traffic police officers and notify the company that owns the car as soon as possible.
You must wait for the inspector and receive a report with a diagram of the accident, a description of the damage to the cars involved in the incident, and a document with an interpretation of the situation.
When inspecting cars and filling out paperwork, you must be close to the inspector.
It would be a good idea to ask witnesses for copies of materials from video recorders as proof of your innocence.

The worst thing is to try to flee the scene of the accident. Such behavior will not help avoid proceedings, but will serve as a reason to answer under the article on leaving the scene of an accident. This threatens with deprivation of rights for up to one and a half years, and in some cases - arrest for 15 days.
You should not immediately admit guilt, much less agree to draw up a report without the traffic police in a controversial situation. Often the guilt turns out to be mutual.
If you get into an accident in a rented car, you must call an inspector. You may fill out paperwork incorrectly, making it difficult to receive insurance benefits.

According to a standard car rental agreement, the absence of the tenant’s fault in an accident does not entail fines or payments. The owner covers all expenses through insurance compensation.

If it so happens that the driver of the rented car was the culprit of the accident, he will have to compensate for the repair of the car from his own funds. The amount is determined after the vehicle is inspected by company employees or specialists from a partner car service center.

If only compulsory motor liability insurance is issued for the car, the car owner may demand reimbursement of 100% of the costs. If you have CASCO insurance, the driver's expenses, as mentioned above, are limited to the deductible specified in the insurance contract.

Accident in a rented car

When using car rental services for work or personal purposes, drivers may encounter various difficult situations. The most unpleasant of them is an accident in a rented car. Representatives of the Glavprokat company will tell you what to do in such cases and who should compensate for the damage.

What to do?

The tenant can get into a traffic accident either through his own fault or because of other drivers. Regardless of the current situation and the culprit of the accident, it is necessary to call the traffic police and a representative of the insurance company, who will record in detail the details of the incident.

In most cases, the damage is covered by the insurance policy and from the amount of the deposit left. However, in some situations, the driver who is involved in an accident in a rented car bears financial responsibility independently. This happens if:

the tenant got into an accident while under the influence of alcohol, drugs, medications contraindicated when driving;
the car was transferred to a third party not specified in the contract, who is responsible for the damage to the car;
a car stolen from a tenant with documents and keys was involved in an accident.

Before signing the contract, we recommend that you clarify not only the rental cost, but also the insurance conditions - our consultants will be able to explain all the details in an accessible manner.

Where to rent?

You can rent a car insured under CASCO and MTPL at the Glavprokat company. By concluding a rental agreement with us, you save yourself from unnecessary troubles and the need to independently compensate for damage in the event of an accident - all these issues can be quickly resolved by our specialists.

We also offer the opportunity to rent an economy, medium or business class car with or without a driver for any convenient period. Already from the second request, special rates and discounts are available for customers. Call and book a car now - working with us is comfortable and profitable.