The lawyer of the Nadmitov, Ivanov and Partners Law Firm Delgira Khodzhaeva gave comments to Pravo.ru for the article "The Supreme Court has figured out who will pay for an accident with a rental car."
The driver rented a car. The car got into an accident, however, it was not the tenant himself who was driving, but another person. The Supreme Court considered the case and indicated that the terms of the agreement between the parties should be taken into account when resolving the dispute. The first instance, when re-examining the case, came to the conclusion that when the car is transferred to a third party bypassing the contract and without the consent of the owner of the car, only the lessee is liable, and CASCO does not apply to him.
Acceptance of the car takes place by pressing a button in the program, and the issue of handing over the car after the trip is generally not regulated from a legal point of view, says lawyer Delgira Khodjaeva. To avoid problems, when accepting and after using the car, it is necessary to inspect it, fixing the condition of the car in a photo or video, the expert explains: "If you find damage to the car, you must immediately inform the tenant about it."
Another problem is that car-sharing agreements often do not comply with civil law and consumer protection law, says Khodjaeva. According to the terms of the agreement with Yandex.Drive, when transferring the rights to drive the car to third parties, the lessee is responsible for their actions as for their own, while paying the lessor a fine. The penalty is also for the transfer of the account in the application. In practice, if the circumstances are clarified after using car sharing, the money is automatically debited from the client's bank card, and the burden of proof lies with the defendant, the lawyer says. According to her, there is still no court practice on such fines due to the fact that in most such cases car-sharing companies simply block user accounts and do not provide them with more services, which also violates consumer rights.
More: https://pravo.ru/auto/story/223706/?desc_search=