Unilaterally terminate lease contract in case of total loss without fault

Questioner

Through ANWB, which has a partnership with Leaseplan, I concluded a private lease contract for a period of 5 years at a competitive rate. The contract started less than 3 months ago, on 05-11-2-21. On 27-01-2022, I was hit while I was waiting for a red light, the person responsible stated that he had fallen asleep. I was driving at least 50 km/h, the impact was enormous. All sorts of things went wrong when the car was towed away, a lot of hassle to get things sorted out. The accident happened at 12 noon, I was home at 6:30 PM. Apart from that, the car turned out to be a total loss. Because this was immediately obvious, the car was declared a total loss by an independent expert on Monday 31-01-2022 based on the photos, and at that time I received an email stating that my lease contract would be terminated with immediate effect. From that moment on, I would no longer be entitled to free replacement transportation. In addition, I am told that I can enter into a new lease contract at the current rates, in my case €48 per month higher. It is stated that the same model and type of car is currently not available in the short term. One option is if I find a similar, license plate-free car at a dealer myself. I started looking and found a car at a dealer, same model except for the black roof (option of €5 per month extra). Delivery time end of March. As far as Leaseplan is concerned, this car could be linked to a new contract. Because I am not at all to blame for the total loss situation, I indicated that I wanted to conclude the contract at my original lease rate of less than 3 months ago. In the new case, I will be €2880 more expensive over a period of 5 years under the same conditions. And I have a considerably higher BKR registration. The contract states: if one of the points under 'When does the Lease end? (to elaborate on art. 7 KPL)': 'Is the car a total loss? Then the lease ends on the date that the car is declared a total loss by the damage expert.' Nothing else is stated, not even art. 7 KPL) I wonder whether a contract in this situation may be unilaterally terminated in this way. Personal injury has now been involved and they indicate that the future financial damage due to the higher rate may be recoverable, but I do not know that yet. I am now in a situation where I have to make a quick decision about the car that is being held for me. I have submitted my request to both Leaseplan and the ANWB to stick to my original lease contract (amounts and conditions) in my situation, but I have not yet received an answer, they are being very difficult about it. I have also suggested including a clause in the new contract to be drawn up stating that if financial damage turns out not to be recoverable, I will fall back on my original amount. No answer to this either.

Lawyer

Good morning, Thank you for asking your question. The obligations on both sides are determined by the agreed conditions (in the contract and/or policy conditions) and the legal provisions on this. First of all, it is important to look at the conditions. If it appears from these that the insurer has the right to terminate the contract if the car is a total loss, then in principle they may do so. To be certain that this is also the case in your case, I will have to study the conditions. If you have to make more costs for a new lease contract, you may be able to recover the additional costs from the liable party. I can advise you further on this by telephone. You can contact me without obligation at 033-3037947. Yours sincerely, Jorian van Oel Lawyer at Solvit Personal Injury Law Firm