Car costs by accident opposing insurance does not pay, but I do now?

A sunny good morning community,

I need your help once. Facts:

I had a big crash in December, 2014. Another person has violated any traffic rules and popped into my car. In addition to economic total loss we have also worn injuries. My girlfriend was that we in the passenger seat, therefore.

I turned to the opposing insurance and were very properly and immediately promised help that got me connected directly to the car rental services and assured me several times (not in writing) that no costs would arise with respect to the rental car for me. The rental car came on the same day but was simply brought to the door and threw the key in the mailbox. I called there and complained that said that it can in no circumstances so and I should send the facts by mail. This I did. Also, I should the license scan my friend to register for this than 2. Licensees (for insurance reasons). Also I did. When the 14 days were around and we finally had found a new car, the rental car was picked up again here without a signature. Now I get letters and "threats" that because the opposing insurance bill despite repeated contact is not paid, I would be liable for the cost (about 600 €) and must be paid within a week. The thing is, etc. edited the lawyer of the damages claim.

My question here is:

Kam ever without my signature is a valid contract about? I would have but the terms and conditions read etc. and accept with my signature or not? Or was now the scanned license my girlfriend and the Board Mail adequate for a valid lease?

I would like legal advice, special want your views know, maybe you have the already experienced.

I hope you can help me a little bit clearer to watch.



The best answer

A legal agreement is concluded without a signature. The signature is only for demonstration.

However, the client is the insurance. You had not ordered the car at the car rental.

I would simply ask, on what concrete (!) Legal basis they rely to if they see you as a contractor. You - and your friend -'re just the driver.

Moreover, the opposing insurance must complete - bear legal costs - the extrajudicial. In addition, future option you should always (!) Make your insurance a message. Then you would have the damage may rely on this now, what shows that the opposing insurance more "motivation" has to pay.

Especially with respect to the rental car, there are problems again and again. This you can only avoid if you take at least one small point the rental vehicle.

Still reasonable to waive the rental car and take the loss of use compensation is.

Often it turns out that the car has really only been unused all day in the parking lot. Then a taxi ride would have been economically viable. Then accesses the loss mitigation.

pay nothing, not even to pay in advance. If you're innocent, you need not to prove, because under German law you must be proven a debt, then you need not to pay. If all else fails, then you take a lawyer for Vderkehrsrecht. The salary of the lawyer's or the polluters, process loser if it should come to pay.

Leave it to the lawyer - but in my opinion a contract has arisen because her car there have indeed used.

The insurance has yet initiated, which is placed and picked up the car hire on your door with oral pledge of financial support. Do not worry and especially pay nothing. Remote rest for your lawyer.

Date: 2018-11-11 Views: 1

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