Mietwagen
With commercial use usually the simplest route, because the business has to keep running. The costs are recoverable to the extent necessary.
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On commercially used vehicles the settlement runs differently from a private claim in several respects – on VAT, on the loss from downtime and on who is liable internally. Not knowing that regularly costs money.
The most important difference concerns VAT. Where the business is entitled to deduct input tax, the claim is settled net – the business recovers the VAT from the tax office as input tax. An additional payment by the insurer would relieve it twice over.
For that reason, in reports for business clients we state the amounts both net and gross. That saves queries passing back and forth between the insurer and the accounts department.
Those not entitled to deduct input tax include small businesses under § 19 of the German VAT Act and certain VAT-exempt activities – medical practice, for instance. There, settlement is gross as in a private case.
With commercial use usually the simplest route, because the business has to keep running. The costs are recoverable to the extent necessary.
An option where no replacement vehicle is hired. On purely commercial vehicles the legal position is more nuanced than in a private case.
On commercial vehicles the profit actually lost can be claimed instead of flat rates – but it then has to be evidenced.
Externally it is the keeper of the vehicle, that is the business, who is liable in the first instance. Internally, between employer and employee, the principles of internal allocation of workplace damage.
Under those, the employee's liability follows the degree of fault: for the slightest negligence they are as a rule not liable at all, for moderate negligence proportionately, and for gross negligence and intent regularly in full.
Whether slight, moderate or gross negligence applies in a given case is an assessment under employment law. It belongs in the hands of a specialist solicitor, not an appraiser – we establish the technical facts, not the fault.
With leased company vehicles the lessor is the owner. The claim for damage to the substance therefore belongs to it, while loss of use and hire car costs sit with the lessee. Settling here without coordination risks claims for repayment.
In practice: the lessor should be informed before the claim is settled. Most lease contracts require an appraisal and a repair at a qualified workshop in any case.
With pool vehicles and changing users there is the further question of who was driving at the time. A properly kept mileage log is useful here for more than tax reasons.
One point that often gets lost: even with a company car that may be used privately, the vehicle remains the property of the business. The claim runs through the business, not through the employee.
From company car to commercial vehicle – with the documentation your accounts department and your insurer need.
Head office in Schramberg-Sulgen, branch office in Rottweil. For the damage inspection we come to you in any case – on site, at the workshop or at your home.
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