Liability claim for German Hertz rental
May 6, 2018, 4:16 pm
#1
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Liability claim for German Hertz rental
Not sure if this belongs in the Hertz or Germany forum, so feel free to move this post as necessary.
I rented a Hertz car in Germany and unfortunately scratched another car while parking. I left a note with my US phone number so the owner could contact me, but didn't contact the police as I had to go to the airport to catch my flight. Luckily Hertz didn't notice any scratches on my rental car upon returning the car, but how can I or the owner of the other car claim for the repairs to their bumper? As this is damage to another car the liability insurance should cover it. I called Hertz Germany, but they said they need a police report, which I do not have of course. I heard not reporting within 24 hours is considered a hit and run in Germany with an accompanying fine, so would rather not add insult to injury.
I rented a Hertz car in Germany and unfortunately scratched another car while parking. I left a note with my US phone number so the owner could contact me, but didn't contact the police as I had to go to the airport to catch my flight. Luckily Hertz didn't notice any scratches on my rental car upon returning the car, but how can I or the owner of the other car claim for the repairs to their bumper? As this is damage to another car the liability insurance should cover it. I called Hertz Germany, but they said they need a police report, which I do not have of course. I heard not reporting within 24 hours is considered a hit and run in Germany with an accompanying fine, so would rather not add insult to injury.
May 7, 2018, 2:48 am
#2
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You should have take a note of the licence plate. With this you could have contacted the police even afterwards and filed the accident. At the moment you either can hope the owner contacts you directly or maybe even better doesn't care and just settles it with his own insurance. About the hit and run you are right. Leaving a phone number is not considered sufficient.
May 7, 2018, 2:54 am
#3
Join Date: May 2018
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Unfortunately, you violated German law and Hertz rules in Germany.
By law, you have to call the police in Germany. You can tell them that you are in a rush and they will take care of it for you but as of right now you officially fled a scene.
Also, after 24 hours it's not a fine thing anymore, you can actually get charged for this and be invited to court. The 24 hours rule is just some kind of "think about it again" rule if you change your mind and decide to report yourself.
Afterwards, the DA will have to run investigations.
Also, Hertz requires you to call the police in case of an accident as you may lose your insurance if you don't. Did the driver already call you?
Technically, you are obilged to pay his damages. If Hertz refuses, then you have to pay out of your own pocket.
By law, you have to call the police in Germany. You can tell them that you are in a rush and they will take care of it for you but as of right now you officially fled a scene.
Also, after 24 hours it's not a fine thing anymore, you can actually get charged for this and be invited to court. The 24 hours rule is just some kind of "think about it again" rule if you change your mind and decide to report yourself.
Afterwards, the DA will have to run investigations.
Also, Hertz requires you to call the police in case of an accident as you may lose your insurance if you don't. Did the driver already call you?
Technically, you are obilged to pay his damages. If Hertz refuses, then you have to pay out of your own pocket.
May 7, 2018, 3:13 am
#4
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Not sure if this belongs in the Hertz or Germany forum, so feel free to move this post as necessary.
I rented a Hertz car in Germany and unfortunately scratched another car while parking. I left a note with my US phone number so the owner could contact me, but didn't contact the police as I had to go to the airport to catch my flight. [...] I heard not reporting within 24 hours is considered a hit and run in Germany with an accompanying fine, so would rather not add insult to injury.
I rented a Hertz car in Germany and unfortunately scratched another car while parking. I left a note with my US phone number so the owner could contact me, but didn't contact the police as I had to go to the airport to catch my flight. [...] I heard not reporting within 24 hours is considered a hit and run in Germany with an accompanying fine, so would rather not add insult to injury.
May 7, 2018, 5:55 am
#5
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As others said it's a crime in Germany to leave. Also you will probably loose all claims against Hertz. To be honest a paper is not really a good way to let the other know as they often get lost.
May 7, 2018, 4:04 pm
#7
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Luckily I am able to use my company car insurance to pay for the scratch ^ so I am able to avoid having to go through Hertz and filing a police report. Will know for next time to call the police in Germany even for such minor incidents. Such a difference from neighboring France...
May 7, 2018, 7:18 pm
#8
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Luckily I am able to use my company car insurance to pay for the scratch ^ so I am able to avoid having to go through Hertz and filing a police report. Will know for next time to call the police in Germany even for such minor incidents. Such a difference from neighboring France...
May 7, 2018, 7:39 pm
#9
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Luckily I am able to use my company car insurance to pay for the scratch ^ so I am able to avoid having to go through Hertz and filing a police report. Will know for next time to call the police in Germany even for such minor incidents. Such a difference from neighboring France...
May 10, 2018, 7:51 am
#11
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You need to report it to the police immediately and not within 24 hours.
Reading Wikipedia would have educated you on the scene:
Anyone who has caused a traffic crash, or contributed to it, has the duty to identify themselves to the victims or to other contributors. If the victim is not present (such as in the case of damage of a parked car) the one who caused the crash has to wait a certain time. If the victim does not appear, he has to report the crash at the next police station without delay. Violation of these rules ("illicit leaving of the scene of a crash") is punishable with prison up to three years or a fine (article 142 of the Strafgesetzbuch).[14]
And with all due respect: Leaving a US phone number after an accident on a foreign continent just because one believes to be in a hurry is a rather arrogant "Me First" approach. The same is true for the statement "I am able to avoid having to go through Hertz and filing a police report" by using a US corporate insurance. As the victim of an accident I would have no intention whatsoever dealing with a US insurance. I would want to contact the insurance insuring the specific car (in our country not the driver but the car is insured).
The penalties are harsh (and in France it makes no difference) and as a first-timer you might expect a monetary penalty of three months income. I am amazed that you, with US background, took it so easily. In certain states of the US they do not consider hit-and-run without reporting as appropriate.
Reading Wikipedia would have educated you on the scene:
Anyone who has caused a traffic crash, or contributed to it, has the duty to identify themselves to the victims or to other contributors. If the victim is not present (such as in the case of damage of a parked car) the one who caused the crash has to wait a certain time. If the victim does not appear, he has to report the crash at the next police station without delay. Violation of these rules ("illicit leaving of the scene of a crash") is punishable with prison up to three years or a fine (article 142 of the Strafgesetzbuch).[14]
And with all due respect: Leaving a US phone number after an accident on a foreign continent just because one believes to be in a hurry is a rather arrogant "Me First" approach. The same is true for the statement "I am able to avoid having to go through Hertz and filing a police report" by using a US corporate insurance. As the victim of an accident I would have no intention whatsoever dealing with a US insurance. I would want to contact the insurance insuring the specific car (in our country not the driver but the car is insured).
The penalties are harsh (and in France it makes no difference) and as a first-timer you might expect a monetary penalty of three months income. I am amazed that you, with US background, took it so easily. In certain states of the US they do not consider hit-and-run without reporting as appropriate.
May 10, 2018, 9:22 am
#12
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While the penalties vary by state in the US, failure to report a property damage accident is generally a misdemeanor crime.
I still do not understand how it is that OP has the victim's contact information and made good on the damage he caused. In the US, it would be typical for the victim to contact the offender's insurance because the whole process is streamlined and most typically arrangements are made for the insurer to directly cover repairs without any intervention by anybody else. Not likely that a typical US insurer has local contracts in Germany to handle simple repairs !
I still do not understand how it is that OP has the victim's contact information and made good on the damage he caused. In the US, it would be typical for the victim to contact the offender's insurance because the whole process is streamlined and most typically arrangements are made for the insurer to directly cover repairs without any intervention by anybody else. Not likely that a typical US insurer has local contracts in Germany to handle simple repairs !
May 12, 2018, 9:32 am
#14
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Having the two insurers deal with each other does eliminate those types of risks.
May 13, 2018, 6:56 am
#15
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Victim calls OP(he left the phone number). They agree on how to proceed, hence no need to have the insurance of either parties involved. While that isn't the rule, those types of arrangements can be made. They are of course more risky for either sides. There are plenty of possibilities where the OP/the victim screws the other party/his insurer.
Having the two insurers deal with each other does eliminate those types of risks.
Having the two insurers deal with each other does eliminate those types of risks.