Can a holder be repaired

Legal question of the day:

It is not surprising that the driver of a car does not always have to be the owner. But must, for example, the holder and the policyholder be identical? And what duties and rights does which party have?


Did you know that up to four different people can be involved in a single vehicle? The keeper and owner do not necessarily have to be identical. Although the owner is usually also the policyholder of the motor vehicle insurance, there are exceptions here as well. And ultimately, an otherwise uninvolved person can be the driver of the vehicle. The distinction is important because everyone has different rights and obligations.

Who is who?

A car initially has one holder. This is the one on which the car is registered and who is in the vehicle documents. Often the holder is also that owner of the vehicle. The owner is the person who bought the vehicle and to whom the dealer handed it over. However, there are not infrequently cases in which the keeper and the owner are not identical. For example, in the case of leased vehicles, the owner is the bank, while the owner is the Lessee is. Another participant is the Policyholderon which the car insurance runs. Usually this has to be the owner. Exceptions can be made for leasing or company cars or if a novice driver is also insured with his or her parents or grandparents. Spouses can also split the position of the holder and the policyholder.

What obligations does the owner have?

As the owner of a vehicle, you are initially responsible for it Traffic safety responsible. You must pay attention to the regular general inspection and ensure that tires, brakes, lighting and other safety-relevant components are in good working order. As the owner, you can of course leave your car to other people. However, you may only hand the vehicle over to someone who is a valid driving license Has. If you know that your partner had to surrender his driver's license, you are not allowed to make your car available to him as a vehicle. If you do this anyway, it is not just the driver who is liable to prosecution for driving without a license. You too can because of one Offense to be judged. There is even a threat of the car being confiscated. You must also make sure that the driver of your car is roadworthy. You are not allowed to give the car keys to your visibly drunk friend. Both your drunk friend and you would be criminal offenses. If your car's operating license has expired, you must prevent it from being used by others. Ultimately, as the owner, you are the person who pays the vehicle tax and who has to take out vehicle liability insurance. If you move house, you must submit your Change of address specify. By the way: even if you move to another district, you can keep your old license plate. You still have to re-register your vehicle.

Owner's Rights and Obligations

When you buy a car, you become the owner with payment and delivery of the vehicle. Your name is entered in the registration certificate part II (vehicle registration). Legally, the entry in the vehicle registration document justifies the presumption of your ownership status. However, it can be difficult, for example, if the letter is stolen from you. To be on the safe side, you should therefore always keep the sales contract and the invoice carefully. It should also state that the vehicle has been handed over to you. Do you have for that financing If you have taken out a loan for the car, you are the owner of the vehicle, but in the case of earmarked car financing, the vehicle letter usually remains with the bank. This can be used by the vehicle to secure the loan Assign security. For example, she can sell it if the loan is no longer serviced. The owner has no special obligations with regard to the vehicle, unless he is also the owner. In the event of an accident, however, the owner alone has the right to claim damages. If the vehicle is financed, however, he usually has to obtain approval from the financing bank for the payment or repair. If the car has suffered a total economic loss, the compensation usually goes to the bank, which then settles the contract with the owner. Details may vary depending on the financing contract and the bank.

What applies to the driver of the vehicle?

The driver of the vehicle is none other than the one who drives the car. This person does not have to be a holder, owner or policyholder. However, the policyholder should ensure that the driver is either included in the insurance contract as a person or he is a so-called driver Frequent driver tariff has completed. Most of the duties relating to the car meet the driver. He must have a valid driver's license, check the road safety of the car before driving and the Vehicle license (registration certificate part I) have along. While driving, he has to abide by the legal traffic rules and has to stay away from alcohol and drugs. If he causes damage, he is liable for the financial consequences. However, the car insurance is at his side. If, on the other hand, he was injured in an accident due to the carelessness of another road user, he can claim compensation for pain and suffering and damages for his own Personal injury claim against the polluter. What does not work: He is not entitled to compensation for the vehicle. Only the owner can request this.

Who is the car insurance policyholder?

A motor vehicle may only be used in road traffic if it has valid liability insurance. This results from the compulsory insurance law. If you have bought a car, you will first receive one from the insurance company electronic insurance confirmation number (eVB no.). You can use this to register your vehicle. The insurance contract is then drawn up. In addition to liability insurance, you can also take out partial and fully comprehensive insurance for your car. In principle, vehicle owners are obliged to take out liability insurance. Therefore, the holder and the policyholder are usually identical. That also applies to Leasing vehicles. However, contractual terms and conditions may contain provisions to the contrary. In the case of company vehicles, the keeper, owner and policyholder is often the employer. This depends on the contractual conditions in the contract for the transfer and use of the Company car at. It is not uncommon for the holder and the policyholder to be different people within a family. For example, novice drivers can have a vehicle on them, but the insurance contract runs with one of the parents or grandparents. So young road users can benefit from the cheap No claims discount the proven drivers benefit. Also at Spouses there is a possibility that the holder and the policyholder are not identical.

A few words about fines

In Germany, the driver is fundamentally liable for driving errors that occur fine can lead to. If you overlook a red light or press the accelerator pedal too hard, you have to pay the fine, and you may get a cash Points in Flensburg and must in the case of a Driving ban do without driving a car for a while. The owner, however, is not liable for these violations. However, if he does not comply with his obligation to cooperate in the determination of the driver, he can in the event of more serious violations Logbook be imposed. Something else applies to Park sins. If the driver cannot be determined, the holder for the ticket must be straight. The owner can also be asked to pay next to the driver if, for example, he has violated the winter tire requirement.