# Can a rental company charge you more than the excess? When the damage waiver stops protecting you

> With a collision damage waiver you normally pay at most the excess for damage to the rental car. Rental terms exclude some cases, such as gross negligence, driving under the influence, an unlisted driver or a trip to a country the contract does not allow, and then the company may claim more. In Germany, the Federal Court of Justice ruled in 2011 and 2014 that a clause making the renter fully liable for any gross negligence is invalid, and that liability has to be reduced in line with how serious the fault was.

Updated: 2026-10-24 · Source: https://scratchfair.com/en/knowledge/rules/charged-more-than-excess-rental-car

You paid for the damage waiver, the excess was €1,200, and now the rental company wants €4,800 for the repair. That seems impossible until you read the clause it points to. ==A damage waiver caps what you pay at the excess only for damage the waiver covers, and every contract lists cases where it does not apply.== This article explains when a rental company can charge more than the excess, where courts have drawn limits, and what to do if you get such a bill.

## When does the excess cap what you pay?

In the normal case, the excess is the most you pay for damage to the rental car. A collision damage waiver is not insurance in the strict sense. It is the rental company's promise not to claim more than a set amount if the car is damaged. Sixt describes it this way: you may be required to pay up to the excess each time the vehicle is damaged, and the maximum is shown during booking.

ECC-Net, the network of European Consumer Centres, says the contract should detail what is and is not covered, and the excess that may be charged after damage. That is the document that decides whether you pay €1,200 or €4,800. Our article on [CDW, excess and super cover](https://scratchfair.com/en/knowledge/pick-up/car-rental-insurance-cdw-excess-explained) explains how the layers fit together.

## Which exclusions let a company charge more than the excess?

Most rental terms have a short list of cases where the waiver falls away, and then the company may claim the full cost of the damage. Sixt's help centre names damage caused by gross negligence as not covered, and gives examples:

- driving under the influence of alcohol;
- a person not listed on the rental agreement driving the car;
- leaving the car unlocked so it gets stolen;
- driving into a country the contract does not allow.

Other companies use similar wording. Many also exclude certain parts from the standard waiver, such as windscreens, tyres, the underbody and the roof, which we cover in [windscreen, tyre and underbody damage](https://scratchfair.com/en/knowledge/damage-claim/windscreen-tyres-underbody-damage). Some contracts also treat wrong fuel, lost keys or driving on unpaved roads separately. The only way to know is to read your own terms, ideally before you drive off. The [terms check](https://scratchfair.com/en/tools/terms-check) helps you find the relevant clauses.

## Is a clause that makes you fully liable always valid?

Not always. Courts look at whether such a clause is fair, and the clearest rulings come from Germany. On 11 October 2011, the German Federal Court of Justice (Bundesgerichtshof, case VI ZR 46/10) held that when a commercial rental contract includes a waiver that works like full damage insurance (Vollkasko in German), a blanket clause in the general terms that removes the waiver for any gross negligence is invalid under section 307 of the German Civil Code. In its place, the court applied the principle of section 81(2) of the German Insurance Contract Act: the renter's liability is reduced in proportion to how serious the fault was.

The court confirmed this on 15 July 2014 (VI ZR 452/13). It added that the gap left by the invalid clause should not simply be filled with a full waiver either, so a grossly negligent renter does not get off free. And it said that whether an act is grossly negligent depends on the circumstances. Running a red light usually is, but not if the signal was hard to see or the driver was blinded by the sun. Both rulings also apply to an authorised driver who is not the renter, where the terms extend the waiver to that driver.

These are German rulings. Other countries assess unfair terms under their own law, based on the same EU directive on unfair contract terms. Our article on [unfair terms in a car rental contract](https://scratchfair.com/en/knowledge/rules/unfair-terms-car-rental) explains the EU framework. The Swedish Consumer Agency adds a general point that applies widely: a rental company cannot have terms that automatically make you liable whenever the car is damaged or stolen, and it cannot demand payment if you can show you were careful with the car.

## Who has to prove that an exclusion applies?

In general, the rental company does. It has to show that the damage happened during your rental, and if it wants to charge more than the excess, that the exclusion it relies on actually applies. Konsumentverket puts the first part plainly: it is the rental company that has to prove you caused the damage. Our article on [who has to prove rental car damage](https://scratchfair.com/en/knowledge/rules/who-has-to-prove-rental-car-damage) goes into the details.

That matters because exclusions are sometimes invoked loosely. A claim that you drove on a gravel road, or that someone else was driving, needs more than an assumption. Ask what the company bases it on.

## What can you do if you are charged more than the excess?

Reply in writing and keep it factual. Ask which clause the company relies on, why it believes that clause applies, and for the repair invoice or assessment report. ECC-Net advises asking for evidence of the damage in the form of a repair certificate or invoice. If you accept the excess but not the rest, say so clearly and pay or accept only the part you agree with.

If the company does not move, the next steps depend on where it is based. For a company in another EU country, Iceland or Norway, your national European Consumer Centre can help for free. Our step-by-step guide on [disputing a damage claim](https://scratchfair.com/en/knowledge/dispute/how-to-dispute-a-damage-claim) and the [sample letters](https://scratchfair.com/en/tools/letter-templates) give you a structure to start from.

> [!TIP]
> Before your next rental, check the exclusions list in the terms and add every person who might drive. Most bills above the excess start with one of a handful of clauses, and two of them, unlisted drivers and forbidden countries, are easy to avoid.

## FAQ

**What does gross negligence mean on a rental car?**

It means more than an ordinary mistake: behaviour a careful driver would clearly avoid. Sixt gives driving under the influence of alcohol and leaving the car unlocked so it gets stolen as examples. Whether a specific act counts depends on the facts; the German Federal Court of Justice said in 2014 that even running a red light is not always grossly negligent.

**Can a rental company make me pay the full damage if I was grossly negligent?**

Not automatically in Germany. The Federal Court of Justice held that a standard clause making the renter fully liable for any gross negligence is invalid when a waiver was agreed, and that liability must be reduced according to the seriousness of the fault. Other countries apply their own rules on unfair terms, so check your contract and ask your consumer centre.

**Does my waiver cover damage if an unlisted friend was driving?**

Often not. Sixt lists driving by a person not named on the rental agreement among the cases its waiver does not cover. Add every driver at the desk, even for a short stretch.

**What should I ask for if I am charged more than my excess?**

Ask which clause the company relies on, why it thinks the exclusion applies, and for the repair invoice or assessment report. ECC-Net advises asking for a repair certificate or invoice as evidence of the damage.

## Sources

- [Sixt Help Center: Loss Damage Waiver](https://www.sixt.com/help-center/articles/loss-damage-waiver/)
- [Betriebs-Berater: BGH, judgment of 11 October 2011, VI ZR 46/10, on the liability waiver in a commercial car rental contract (German)](https://betriebs-berater.ruw.de/wirtschaftsrecht/urteile/Zur-Haftungsbefreiung-im-gewerblichen-KFZ-Mietvertrag-16555)
- [Betriebs-Berater: BGH, judgment of 15 July 2014, VI ZR 452/13, invalid liability clause in a car rental company's terms (German)](https://betriebs-berater.ruw.de/wirtschaftsrecht/urteile/Unwirksame-Haftungsvorbehaltsklausel-in-AGB-eines-gewerblichen-Kfz-Vermieters-24261)
- [ECC-Net: Car rental rights](https://www.eccnet.eu/consumer-rights/what-are-my-consumer-rights/travel-and-passenger-rights/road-travel-rights/car)
- [Konsumentverket: Problem med hyrbilen (Swedish)](https://www.konsumentverket.se/varor-och-tjanster/problem-med-hyrbilen/)