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Rental car; rental information
Here you will find information on renting a car in general and a replacement vehicle in particular.
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Bayerisches Staatsministerium der Justiz
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Prielmayerstr. 7
80335 München
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80097 München
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Description
Rental contracts for cars are usually concluded in writing on the rental company's forms. As a general rule : Before concluding a rental agreement, you should compare the prices of different providers and the different rates of the respective provider. Ask about favorable flat rates or special rates, which are offered under various designations (e.g. leisure or weekend rates).
A car is often rented as a replacement vehicle after a traffic accident. In principle, the injured party must be reimbursed by the other party for the costs of an equivalent rental car for the time required to repair or purchase a replacement vehicle. However, the following restrictions apply:
- The claim for compensation is excluded or reduced if you, as the injured party, have a second car at your disposal or if you only have a small need for transportation that can be covered considerably more cost-effectively by a cab, for example.
- Even if you as the injured party are not (partly) responsible for the accident, you may have to bear part of your own damages due to the operating risk of your own vehicle.
- In any case, you should make sure you get a favorable rate. Even if the other party in the accident has to compensate you in full, the law requires that you make enquiries with various providers and select the most favorable offer. In this context, it should be noted that so-called "accident compensation rates" are usually particularly expensive and may not be fully compensated.
- Even if you are generally entitled to a rental car of the same type as your damaged vehicle, you should bear in mind that you will not be reimbursed for part of the rental car costs because you are protecting your own vehicle while you are driving the rental car. However, if you rent a simpler vehicle in the cheaper next-lowest price category, many insurance companies will waive the deduction for personal savings.
- Which rental period is necessary and therefore eligible for compensation depends on the circumstances of the individual case.
However, you can also waive the right to a rental car after an accident caused by a third party and claim compensation for loss of use of your damaged vehicle instead. However, the prerequisite for this is a so-called tangible impairment of vehicle use, which can only be affirmed if there is a willingness to use the vehicle and a hypothetical possibility of use. If, for example, you would not have been able to use the damaged vehicle due to accident-related injuries, compensation for loss of use cannot generally be claimed unless use by a relative or close third party was possible and intended. Depending on the size, age and equipment of your car, you can expect to pay around €23 to €175 per day. Case law and insurance companies are based on a table by Sanden, Danner and Küppersbusch, which you can find out about from your automobile club.
Status: 25.02.2026
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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