Using Car Sharing without registering an additional driver: who pays the fine?
With the rapid growth of car sharing services in German cities, it has become easier than ever to rent a vehicle and drive off at almost any time. However, this convenience comes with strict contractual and legal conditions – especially regarding who is actually allowed to drive the car.
One of the most common mistakes is handing the car over to someone else who is not registered as an additional driver (Zweitfahrer) in the contract or account. This may feel like a harmless favour – but it can create serious legal and financial consequences for the original renter.
No – unless that person is registered as an additional driver.
All major car-sharing providers in Germany – such as Sixt Share, ShareNow, Miles, Flinkster, and others – clearly state in their terms and conditions that:
“The vehicle may only be driven by the person registered on the account, or by an additional driver who has been previously registered in accordance with the conditions.”
Any use by an unregistered third party constitutes a breach of contract, which may lead to:
the renter being held fully liable for any damage or offences,
insurance coverage being cancelled or severely reduced in the event of an accident,
contractual penalties (Vertragsstrafe) or additional administration fees charged by the company.
| Type of offence | Who is legally liable? | Notes |
|---|---|---|
| Speeding or illegal parking | usually the renter (account holder) | the fine is sent to the renter via the car-sharing company |
| Traffic accident with property damage | renter and actual driver | insurer may refuse coverage; costs may have to be paid privately |
| Driving under the influence (alcohol/drugs) | driver and renter | complete loss of insurance cover + possible criminal consequences |
| Providing false information about the driver’s identity | primarily the renter | may be prosecuted as fraud under § 263 of the German Criminal Code (StGB) |
In 2023, a young man in Berlin lent a Miles car-sharing vehicle to his girlfriend, who was not registered on the account. She committed a speeding offence.
After reviewing the case, the company classified it as a violation of the terms of use and refused full insurance coverage. The renter ultimately had to pay:
€95 for the speeding ticket,
€40 as a processing fee charged by the car-sharing provider,
€900 as the full deductible (Selbstbeteiligung) after a later accident with the same car.
usually directly via the provider’s app, often under a menu like “Add additional driver” (Zweitfahrer hinzufügen),
some companies require uploading a photo of the additional driver’s licence,
in some cases, a small extra fee is charged for adding a second driver,
the additional driver must meet the minimum age requirements and hold a valid driving licence in Germany.
Driving a car-sharing vehicle without being registered means: full responsibility with reduced or no insurance protection.
Even if you were not the person at the wheel, you are, from the provider’s and often the law’s perspective, the “responsible renter” for everything that happens with the car.
So do not take the risk: never hand over a car-sharing vehicle to someone else “just quickly”. If another person is supposed to drive, register them officially as an additional driver first – it is the only way to stay safe both legally and financially.
The authors and editorial team of this website strive to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or details may be incomplete or not definitively verified. Please therefore regard the information in this article as an initial point of reference and always consult the relevant authorities and insurers for binding, up-to-date advice.
