Liability for burglary in rented car


Questioner

Can you be held liable for damage caused by a break-in to a company rental car?

Lawyer

In principle, this is insurance work. You or your employer report this to the leasing company or your insurer. If the car is fully insured, the damage will be paid, unless you can be blamed for gross negligence. But then you must think of having deliberately made a break-in possible. If you were using your car privately during the break-in (break-in outside working hours), the employer may be able to reclaim the deductible from you. This is often stipulated in the employment contract. I assume that your employer has concluded a lease contract. If the car is not insured or the burglary damage is not covered, then in principle you can only be held liable by your employer: 1. if you borrowed the car for private use (break-in outside working hours). 2. if you can be accused of intent or deliberate recklessness with regard to the burglary. But then you must have been aware of the risk of burglary and also have been certain that a burglary would occur and what damage would be caused.

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