Are you liable for damage to a Sixt rental car?
This question is on the minds of many people who have rented a vehicle from Sixt or another car hire company in Germany and have later been confronted with claims for damages. Such claims can cause discomfort and uncertainty, especially if you are not aware of your rights. Therefore, it is crucial to understand the legal basics in order to know when liability actually exists and when it does not.
Signs of use vs. damage - what's the difference?
First of all, it is important to understand that not every change to the condition of a rental vehicle is automatically categorised as damage. The German Civil Code (BGB) stipulates that a hirer is generally not liable for such changes that occur as a result of contractual use. This means that if you use a vehicle on the road, it will inevitably show signs of use such as small scratches, stone chips or wear and tear, which are considered normal wear and tear. Such marks are covered by the rental payment and do not constitute damage in the legal sense.
The ‘legal damage’ - When are you really liable?
Damage in the legal sense only exists if the vehicle is impaired beyond normal use. This means that the renter can only be held liable if his behaviour or an action causes a substantial deterioration in the condition of the vehicle that can no longer be considered normal wear and tear.
Double damage - a common misunderstanding
Another key point that many renters do not realise is the regulation for so-called ‘double damage’. Let's assume a vehicle already has a dent on the passenger door. If the renter accidentally causes another dent in the same place, the landlord could theoretically try to claim compensation for this ‘additional’ damage. However, the legal principle that there is no further damage if the existing damage is merely extended or intensified applies here. This is because the landlord would be unjustly enriched in this case if he could ‘cash in’ on any additional damage. The legal situation protects the tenant from such unjustified claims.
Tips for those affected - what you should do
If you are the lessee of a Sixt vehicle or a vehicle from another provider and receive a claim for damages, you should not pay in haste. Take the time to check the claim thoroughly and, if necessary, seek legal advice. A lawyer can help you to assess whether the claim is justified and what steps you can take to defend yourself against unjustified claims.
Many people make the mistake of settling claims without checking them carefully for fear of further consequences or in order to settle the matter quickly. But this can be expensive, especially if the claim is unjustified. Legal advice can prevent you from paying unjustified claims and protect your rights as a tenant.
Conclusion: Protect yourself from unauthorised claims
In the car hire industry, especially with large providers such as Sixt, there are always disputes about claims for damages. It is therefore essential for renters to know their rights and not be unsettled by claims. Not every change to the condition of the vehicle is damage, and in many cases there is no liability. Take the opportunity to obtain legal advice and strengthen your position.
If you have been affected yourself or have questions about a claim for damages, please do not hesitate to contact us. We are at your side as your representatives and will help you to protect your rights and successfully defend yourself against unjustified claims.
