Milewska Legal


The leasing contract, although very popular among entrepreneurs, can still cause several problems. A leasing contract, like a rental contract, allows you to use cars or machines without having to commit significant amount of money to buy them. However, it differs a lot from a rental agreement. The law firm advises clients on the choice of the best legal form of use of vehicles and machinery from the point of view of their business activity, and also supports them in disputes with leasing companies and insurance companies (motor insurance).

What should I pay attention to when leasing a car?

When deciding to lease, the entrepreneur shall remember that they do not own the car. Therefore, their rights are limited in some aspects. In many situations, the lessee must cooperate with the leasing company or is even dependent on its decisions. We advise our customers before concluding a leasing contract in order to avoid unpleasant surprises after conclusion of the contract.

An entrepreneur deciding to use car leasing should bear the following points in mind:

  • the leasing contract may specify the type of business the car can be used for;
  • the leasing contract may prohibit travelling by car outside Poland;
  • the leasing contract may impose an obligation to inform the leasing company in case of a collision or an accident of the car;
  • the leasing contract may impose additional charges related to the use of the vehicle.

What is the lessee's responsibility?

There are numerous obligations associated with leasing that we do not have to deal with if we take ownership of the car. A lack of awareness of these obligations can lead to unpleasant consequences – from penalty fees to termination of the contract by the leasing company. For our customers, we analyse the drafts of the leasing contracts and point out the important provisions to bear in mind.

What do lessees often forget?

  • the obligation to bear the costs of annual maintenance;
  • the obligation to conclude an insurance contract in the variant indicated by the leasing company;
  • the need to pay the lease instalments even if the vehicle is damaged and cannot be used;
  • the obligation to pay all lease instalments in the case of theft or total destruction of the vehicle (after deducting the compensation received);
  • the obligation to cover the cost of repairing all the damage to the vehicle existing at the time of its return.

I have had a collision with a leased car – what next?

Nowadays, car collisions are almost an everyday occurrence. Every car user sooner or later has to face such a situation. In the case of entrepreneurs, they are particularly acute, as for us, the car is primarily a tool to run our business. Meanwhile, a collision results in having to deal with issues that we do not deal with on a daily basis.

We support lessees by providing assistance:

  • in reporting the damage to the insurance company and the leasing company;
  • in contacting the insurance company and leasing company during the loss adjustment stage;
  • in assessing the correctness of the claim settlement process;
  • in preparing an appeal against an unfavourable decision of an insurance company;
  • in claiming compensation from the insurance company;
  • in settling the leasing contract after receiving the compensation.

How to settle a lease agreement in the event of a partial or total loss?

Although, on the surface, the consequences of car collisions may seem similar (after all, in each case we are simply dealing with a damaged vehicle), each case is different. A key distinction for customers is the division between partial and total damage. In the case of leasing a car, the entrepreneur will have to deal with additional complications – including financial ones. In cases of partial damage, it is not uncommon to encounter a problem of underestimation of the vehicle repair costs (underestimation of labour costs, imposition of non-original spare parts), which prolongs the arrangement of the vehicle repair and makes it necessary for the customer to partially finance it out of their own pocket. If the damage is total, it is very important to correctly establish the value of the vehicle and settle the lease agreement.

We help our customers to obtain the best possible compensation and, to this end, we deal with, i.e.:

  • obtaining the necessary approvals and authorisations to claim compensation from the insurance company;
  • verification of the repair estimate and vehicle valuation;
  • amicable recovery of compensation for partial damage;
  • amicable recovery of compensation for total loss in the case of undervaluation of the vehicle;
  • amicable recovery of damages for loss of value of the vehicle;
  • acting on behalf of our clients before courts in disputes with insurance companies for payment of compensation.

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