The consequences of a claim vary according to the clauses inserted in the lease contract. We must therefore learn about the guarantees and exclusions provided in the lease.
Short term rental
The renter places at your disposal an insured vehicle and the documents justifying it. The price of this insurance is usually included in the rental package. It guarantees the material or bodily injury that the driver or passengers may cause to third parties while in the vehicle. It also covers damage to the passengers of the vehicle. Attention, in case of theft, the renter may provide an exclusion or lapse of warranty if the tenant can not present the vehicle keys. However, be aware that this clause must appear in very apparent character (Article L 112-4 of the Insurance Code), otherwise it is considered to be void.
What additional guarantees?
The hirers offer additional guarantees to cover the bodily injury suffered by the driver or the property damage of the rented vehicle. For other damages such as theft or even breakage of ice, there is a franchise often very high. If the renter proposes it, the tenant can always take out a guarantee allowing a part of the franchise to be taken care of.
In addition, if you have paid for your rental with a prestige card such as, Visa Premier or Mastercard Gold the franchise is already supported. (franchise buyback insurance).
Is there an imitation of certain types of vehicles? Is the flight covered? Similarly, some contracts require the cardholder to be one of the drivers listed in the lease.
The lessor contests the assumption by invoking a lapse or exclusion of guarantee. If these exclusions do not appear clearly in the contract, they are considered null and void.
- Via a specialized company
The company insures the vehicle during the rental period.
In most cases, these companies offer, in addition to mandatory insurance, all-accident insurance. Compensation limits and a deductible are generally provided for.
It is important to find out about the insurance offered by the company: does it include a breakdown assistance guarantee? Are all drivers covered? Are there conditions (age, seniority) to be covered? Are all vehicles covered?
In the event of a claim, inquire with the company about the steps to be taken.
Rent without intermediary
If you own the car, contact your insurer to adapt your insurance contract so that you can rent your car. In the event of a claim, the owner must declare it to his insurer.
Compensation / leasing between individuals
In all cases (rental through an intermediary or not), compensation for material damage suffered by the vehicle will be covered according to the established responsibilities and the guarantees of the contract. The insurer will not cover the damage of the vehicle if the driver’s liability is established and the contract does not include any damage warranties to the vehicle (damage all accidents, collision damage). Personal injury to passengers is compensated under the mandatory RCA, unless they have committed an inexcusable fault, the sole cause of the accident. Regarding the injured driver, when he is at fault, he will be compensated for bodily injury suffered if the contract includes such a guarantee.
Long term rental
The long-term car rental is a contract by which a renter makes available to the lessee a specific vehicle for a given period and an agreed mileage and recovers it at the end of said period. Unlike leasing (LOA) or leasing, the vehicle is not intended to be purchased at the end of the contract. The provision of the vehicle is accompanied by services such as vehicle maintenance, insurance, or even the establishment of a fuel card.
From when does a contract say long term?
There is no precise definition of the duration from which a lease is estimated to be long-term.
– Control of the budget for the tenant because the rent is identical each month.
– Complete maintenance of the vehicle included in the contract and sometimes the insurance, which allows to ride with confidence without worrying about possible costs related to the vehicle.
– The renter can impose the tenant the subscription of a non-life insurance.
Compensation in case of accident or theft
– Damaged and repairable vehicles: insurer covers repairs up to the level of the VRADE. In general, contracts provide a mandate for the lessee to enforce repairs
– Stolen or irreparable vehicles: to declare the vehicle irreparable the value taken into account remains the VRADE. Compensation is carried out up to the insurance value. Generally, the lessee is bound by his contract to guarantee the financial value of the vehicle.
– In case of an economically irreparable Vehicle, the renters generally reserve the decision of the transfer of the wreck to the insurer in case of total loss.
– Responsibility: in case of fire of a long-term rental vehicle causing damage to several vehicles: it is to the holder of the rental contract, become guardian of the vehicle (art 1384 of the civil code) to whom it returns from compensate the victims.