How to recover damage caused by a carsharing car

Statistics for Moscow show that the number of accidents involving car sharing is growing from year to year. Insufficient driving experience, road conditions, bad weather conditions, health conditions, irresponsible behavior and many other factors can lead to a collision. This can happen either to the owner of a personal car or to an accident during car sharing. But what to do if you get into an accident, how to behave? After all, it is always stressful for the participants. In this situation, it is important to pull yourself together, provide assistance to the victims and fill out the paperwork.

Accident on a carsharing car: actions of the driver

The first actions in case of an accident are established by the Traffic Rules. Obligations under them are more important than obligations under a car rental agreement, but not a single reputable company requires its clients to violate traffic rules.

So, to begin with, the driver must:

1. Turn on the emergency stop signal.
2. Check the condition of the people in both cars. Call an ambulance and provide first aid if there are injured people.
3. Put up a warning triangle. About 15 meters from cars in the city, 30 meters on the highway. The sign must be in the trunk of the rented car.
4. Call the traffic police. You cannot move cars until traffic inspectors arrive.

Once the basic duties of the driver are completed, you can begin the requirements of the rental agreement. First you need to call the company's hotline. If there are no available operators, you will have to wait for some time - this is normal. When the phone is answered, you need to describe in detail what happened, name your location and follow all the operator’s instructions. He will tell you how to file an accident and what documents to collect.

Registration of an accident on a car sharing car

The car sharing employee will definitely ask you to take photographs of the accident scene and all visible damage. If he doesn’t ask, do it on your own initiative, especially if you are the victim of an accident.

Important! According to the order of the Ministry of Internal Affairs No. 664, filling out a certificate of road accident form 154 is canceled. Instead, an accident warrant or determination is issued, which must include all the information required by insurance companies. Neither the car sharing company nor its insurance company has the right to demand an outdated certificate of an accident.

After registering an accident, you must call the car sharing operator again and follow the following instructions. Namely: park the car in the nearest permitted place and go to the company office. If the car cannot move under its own power, you will have to pay for the services of a tow truck to the car sharing parking lot. Save receipts and receipts! If you are not at fault for the accident, these expenses will be reimbursed by the car sharing insurer.

Documentation

It is better to make copies of all documents in advance and keep the originals unless the company requires them. This is what car sharing operators are asking for after an accident:

• protocol on administrative violation (if it was not the client who violated, but the second participant in the accident, then the company does not have the right to demand the original of the protocol, since it is issued to the culprit);
• a decision on an accident and a determination that contains information for the insurance company (data about the participants in the accident, culpability, damage);
• registration card for a rented car;
• application notification of the incident (filled out by the client directly at the company’s office).

Is it possible to issue a European protocol?

It is impossible to register an accident according to the European protocol - without traffic inspectors, even if the damage is very small and the culprit is obvious. The car sharing operator company requires from customers involved in an accident documents filled out only by traffic police officers.

Amount of damage and franchise penalties

It doesn’t matter whether an accident occurred on a car sharing car or not, a fine will still be issued in the name of the violator. Basically, the driver bears administrative penalties in the event of an accident. He can also be held criminally liable if a person is killed.

According to the agreement, car sharing companies have the right to demand that you pay tax. Also, if there was a traffic accident that caused damage to the rented car, you will have to pay the costs associated with the vehicle being idle at the impound lot, car repairs, and the like. The car sharing company operator reacts very strictly if it is determined that the driver was drunk while driving or gave control of the car to another person. You will have to pay quite a bit of money for violating the contract with the company.

What not to do with a rented car in case of an accident

Some clients believe that they can flee the scene of an accident and the police will not catch them because the car does not belong to them. This is completely false. According to the law, responsibility for the accident and the damage caused lies with the person driving the vehicle. And the car sharing company will provide the traffic police with all the information about the absconding client. Therefore, you cannot run away from the scene of an accident!

It is also impossible to remain silent about minor damage. If you are not to blame for what happened (for example, a stone flying out from under the car in front left a crack in the windshield), then you will not have to compensate for the damage or pay fines. If the damage was caused by your fault, it is better to admit it anyway. The next client may notice the damage, and then you will receive an additional fine. Car sharing also blacklists unscrupulous drivers. Some companies have common customer blacklists.

Even if the damage is difficult to notice and there is a high probability that the blame will be placed on the next client, it is better to be honest and compensate for the damage. Firstly, you will not frame an innocent person. Secondly, avoid a fine if he can prove that he did not cause the damage.

Possible sanctions for the tenant

If a car sharing client is guilty of an accident, the following sanctions may be imposed on him:

• obligation to compensate for damage caused to the company’s property and the property of third parties;
• fines from the state provided for by Russian legislation;
• fines from the company provided for in the lease agreement;
• deprivation of rights and other types of administrative and criminal liability;
• adding the client to the blacklist of the car sharing company (after which he will not be able to use its services).

Who pays for damages in case of an accident on car sharing?

If the driver is not to blame for the accident and followed all the operator’s instructions, not a penny will be charged from him. Money written off for the time from the moment of the accident until the end of the lease, and the costs of evacuation, if the receipts are saved, will be reimbursed.

But the clients responsible for the accident will have to fork out a lot:

• fine for violating traffic rules – 50% discount, most likely there will be no discount, you will have to pay in full;
• fine in favor of car sharing - the amount of the fine is established in the contract, it depends not only on the company, but also on the amount of damage, the chosen tariff, the presence of violations of the terms of the contract (driving while intoxicated, transferring control of the car to a third party, failure to follow the operator’s instructions);
• compensation for damage to a rented car - if the tariff does not include CASCO, you will have to restore the car entirely at your own expense; even if there is CASCO insurance, part of the amount will have to be paid to the client - these are the terms of the franchise;
• compensation for lost profits - car sharing may require the culprit to pay a certain amount for the fact that after the accident the car could not be used for commercial purposes and make a profit;
• compensation for damage to the injured party - each carsharing car has compulsory motor liability insurance, but most often they are also subject to an insurance deductible;
• other expenses - for example, using a tow truck.

Insurance franchise is a condition of an insurance contract, according to which payments from the insurance company upon the occurrence of an insured event are reduced by a certain amount or percentage. At the same time, the policyholder also benefits, since he purchases the policy at a reduced price.

If you have CASCO

The cost of renting a car with CASCO will be noticeably more expensive. At the same time, even if CASCO is issued, the culprit is not completely exempt from paying compensation. Read the contract carefully to know how much of the amount you will have to pay yourself in the event of an accident.

If you have compulsory motor insurance and you are the culprit of the accident

All debits in favor of car sharing will be made automatically from the bank card linked to the account. The write-off deadlines must be specified in the contract - they are different for each company. Fines for violations of rental conditions will be paid approximately within a week after the accident. At this time, the customer must request a quote for repairing the vehicle. When the company determines the amount of damage, it will send an estimate according to which it will debit the money from the card. After receiving an estimate, you must always keep an amount on your card that is greater than or equal to the total amount of repairs. The money can be written off within 3 years - this is the statute of limitations in civil cases. In practice, the money is written off over several months.

If there are insufficient funds on the card or it is blocked, the car sharing has the right to charge penalties for each day from the moment the funds are attempted to be debited. Also, at the client’s request, the company can write off money in installments. To do this, contact the car sharing office and discuss all the conditions for write-off. If you immediately informed the operator about the accident, followed his instructions and did not violate the terms of the contract, the company will most likely meet you halfway.

Valuable advice to all clients of any car sharing company

Before you get behind the wheel of a car, carefully inspect the vehicle and take photographs from different angles. This will exclude the use of a car that may have been involved in an accident and abandoned by an unscrupulous previous user. Otherwise, compensation for damage will fall on the shoulders of the inattentive driver, although he has nothing to do with the damage to the car.

If the condition of the vehicle body cannot be examined due to dirt on the metal, then it is better to refuse to operate the vehicle in this condition. After all, if the previous driver caused any damage to the body, especially if he scratched it, then under the layer of adhering dirt it is difficult to notice the scratches or abrasions. Therefore, it is necessary to be extremely careful during the initial inspection of the car before operating it.

Reimbursement amounts for the most popular car sharing companies

The list shows the most popular car sharing operators and the amount of compensation at different tariffs:

• "Yandex.Drive". The maximum write-off amount is 30,000 rubles. If the cost of repairs is less than the limit, it will be reimbursed in full.
• "Delimobil". With the basic tariff, compensation is made according to the same system as in Yandex.Drive: the amount of compensation is equal to the cost of repairs, but does not exceed 30,000 rubles. And customers using the “Fairy Tale” tariff will not have to compensate for the damage.
• Anytime. The amount of compensation depends not on the tariff, but on the car used. The maximum amount is 95,000 rubles.
• BelkaCar and BelkaBlack. For damage up to 100,000 rubles, the maximum compensation is 30,000. If the damage exceeds the specified amount, then another 15% of the repair cost will be added to 30,000 rubles. When using BelkaBlack premium cars, the principle of compensation does not change, but the damage limit increases to 150,000, and compensation to 50,000 rubles. When connecting, the maximum compensation does not depend on the type of car and the cost of repairs; the fine is 15,000 rubles.
• YouDrive. If the repair is less than 50,000, then its cost is fully reimbursed. If the repair costs from 50,000 to 70,000 rubles, then only 50,000 is written off. If the damage was more than 70,000, then 50,000 and 25% of the repair cost are written off. This company also provides a paid service to limit reimbursement to 15,000 rubles. It's called "Limitation of Liability".

Cashing concept

Car-sharing is the rental (hire) of a vehicle with per-minute pricing, the ability to take or return a car at any time of the day. From the moment of booking, operators usually provide 15-30 free minutes so that you have time to get to the rented car. Each rental company has different prices for such services. After the chosen tariff, money for the service is debited.

What to do in case of minor damage?

In case of minor damage without an accident, you should immediately call the car sharing operator. If the accident was not the client’s fault, you will not have to pay anything. For minor damage caused by the driver (for example, a small scuff on the bumper after hitting a lamp post while parking), you will most likely have to compensate for the damage, although there is still a chance of avoiding expenses. Sometimes, with the most minor damage, car sharing companies can forgive a conscientious client who immediately reported the incident. And vice versa, if the driver tries to hide what happened, he will have to not only compensate for the damage, but also pay a fine.

Summarizing

Short-term rental of passenger vehicles can solve the problem of lack of a personal car or become a worthy alternative to it. However, no matter how loyal the car sharing operator is to the client, the user of the service is responsible for an accident involving a rented car.

Please take this into account when choosing a specific company and signing a service agreement with it. Before you begin the registration process in the system, carefully study the clauses of the agreement regarding the user’s responsibility and penalties applicable to him in the event of offenses and an emergency on the road.

These documents are in the public domain and can be found on the website of any operator.

What happens if you don’t photograph the damage done before you?

Before using your rental vehicle, you must inspect it thoroughly. If a dent, scratch, chip or any other defect is found, it must be photographed before starting the drive, or better yet, before starting the engine. After this, you need to contact the operator and report the damage - in this case, there will definitely be no claims against you. It is worth understanding that company hotlines can be overloaded at any time of the day. Sometimes you have to wait up to half an hour for an answer. If you are in a hurry and are afraid of being left behind, it is better to find another way to get to the right place.

If you did not notice the defect, but the next client immediately reported it to the operator, then compensation will be demanded from you. The likelihood of proving that you are innocent is quite small if there are not even photographs of the damaged area taken before you started driving the car. But there is still a chance. For example, if you were driving only around the city, and the scratch was under a layer of dirt from country roads, the company may meet halfway and drop the charges and find the real culprit. But you shouldn’t hope for this; it’s better to carefully inspect the car before using it and photograph all suspicious parts.

What not to do

Losing composure during an accident is common. Many drivers simply drive away from the scene of an accident, believing that since the car is rented, the police are unlikely to catch you. This is a mistake that threatens with the most serious consequences. Regardless of whose property the vehicle is, the responsible person in the event of an accident is always the person driving the car. If the police identify the car, they will be able to find out who was driving - this data will be provided by the car sharing company.

The second common mistake is concealing information about minor damage to the car. If you are sure that you are not guilty of this and can provide evidence of the absence of your own guilt, there will be no fines or damages. If they are guilty, it is still better to tell about it. The fact is that most rental companies do not in any way record the condition of the car before renting it out and do not inspect it after acceptance. But a new client can point out the presence of defects for the sake of his own reinsurance, and then all suspicions will fall on the previous driver, that is, on you. It will be difficult to prove that the damage was not caused by you.

In the event of an accident during car sharing, rental companies can act according to the following scenarios:

• if you acted correctly and in full compliance with the clauses of the contract, many companies do not practice imposing penalties, especially if the damage is minor - they are interested in having a pool of honest clients;
• as we have already noted, a thorough inspection of the car after the provision of service is not always carried out, so there is a risk of not noticing the damage received (dark hours, heavily soiled car, etc.). If the next client also does not see these defects, they will make him the culprit;
• If it is proven that you are the culprit of the traffic accident, you will be punished in the form of the maximum possible fine (this clause is stated in the contract). In addition, you will be blacklisted, and the road to this company will be closed to you forever.

If the car sharing driver was drunk

Drunk drivers will be punished under Article 12.8 of the Code of Administrative Offenses of the Russian Federation: a fine of 30,000 rubles and deprivation of rights for up to two years. In addition, being intoxicated is an aggravating circumstance for any crime, so administrative punishment for other offenses committed will be more severe.

Car sharing will also write off an additional fine from the driver in its favor. Different companies punish drunk customers in their own ways:

• “Delimobil”, Anytime and “Yandex.Drive” - 100,000 rubles.
• BelkaCar – 50,000 rubles.
• BelkaBlack and Yandex.Drive (if the car had to be towed) – 150,000 rubles.

And in addition to this, the drunk driver will compensate for all damage caused. For him, restrictions on maximum payment amounts do not work, since neither OSAGO nor CASCO will compensate for damage if the driver was drunk.

How does the service determine who exactly damaged the car?

Car sharing companies have large databases; they store all the information that you provide during registration. The location of each car is tracked, and company employees can determine the identity of any driver. Therefore, in case of serious accidents, it is very easy to detect the culprit.

It's a different matter for minor damage. As mentioned above, the company may unfairly blame the driver if he does not prove his innocence with photographs or other means. There is no way to protect against this, since the contract stipulates that before using the car, the client must inspect it and immediately report any defects found.