Responsibility for damage to rental car: what now?


Questioner

'A rental car has a deductible of €650.00. As the driver of this car, you are responsible for any damage caused. In the event of damage, the deductible will be settled with you.' This is a rule of an employer in the event that the employee has to rent a car for work on behalf of the employer. It seems strange to me that the deductible can simply be settled by the employer.

Lawyer

If damage is caused during commuting, the employer can only recover this damage from you if he is not sufficiently insured for it. This is often the case, so it is unfair that you have to pay for the damage, unless there is intent or deliberate recklessness.

Questioner

I thank you kindly for your answer. In this case, there is no question of commuting but only of traffic during working hours. In my opinion, the employer himself cannot be 'insufficiently insured' because a rental car always has its own insurance. An employer has nothing to do with the insurance of a rental car, it seems to me.

Lawyer

If a car has to be rented on behalf of the employer, the employer must also assume the damage during working hours if you are the cause, whereby the deductible is also covered. The deductible may therefore not simply be settled.

Questioner

I thank you for your answer. It is clear to me now.

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