Who is liable for stored trucks, who pays storage costs, when a custodian may retain the vehicle and what applies to insurance. An overview for financiers.
Between repossession and sale, the truck sits in a yard, often for days and sometimes for weeks. During that time costs build up, and questions of liability and insurance arise. Who is liable if the vehicle is damaged or stolen? Does it have to stay insured? And may the storage provider hold on to the vehicle until its invoice is paid? This guide looks at these questions from the point of view of the leasing company or bank. It is based on German law.
Whoever keeps a vehicle for you normally enters into a safekeeping contract (Verwahrungsvertrag) with you. Under section 688 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), the custodian undertakes to keep the movable item handed over. Payment is deemed to have been tacitly agreed if, in the circumstances, the safekeeping could only be expected in return for payment (section 689 BGB). With a commercial parking facility, that is the normal case.
If the custodian stores goods as a business, the warehousing rules of the German Commercial Code (Handelsgesetzbuch, HGB) apply (sections 467 et seq. HGB). That has consequences for liability and for the lien.
For you as owner, this means paid safekeeping with a commercial provider gives you the strongest position. Agree the terms in writing and ask for proof of the provider's business liability insurance.
Storage costs result from the agreed daily rate and the length of storage. On top of that there may be charges for moving vehicles in and out, manoeuvring or battery maintenance. If the custodian incurs expenses they may consider necessary, you must reimburse them (section 693 BGB).
Whether you can recover these costs from the lessee depends on the contract. The Higher Regional Court (Oberlandesgericht, OLG) of Brandenburg awarded a lessor the costs that arose in connection with securing the vehicle (judgment of 11.01.2023, case no. 4 U 42/22). At the same time it pointed to the duty to mitigate loss under section 254 BGB. Unnecessarily long storage periods may therefore end up at your expense.
The most effective lever is the storage period itself. Start valuation and remarketing as soon as the vehicle is in the yard, not once every formality has been dealt with. How to do that on a sound legal footing is covered in our guide to remarketing a leased truck after termination.
In principle, as the depositor you can demand the item back at any time, even if a storage period was agreed (section 695 BGB). Unpaid invoices can stand in the way, however:
So clarify before storage who receives the invoice. And settle open items before the buyer or carrier arrives to collect the vehicle.
The obligation to hold motor liability insurance is tied to use on public roads or spaces (section 1 of the Compulsory Insurance Act, Pflichtversicherungsgesetz, PflVG). As long as the vehicle is registered, however, the insurance must remain in place. If the insurer notifies the registration authority that cover no longer exists, the authority takes the vehicle out of service without delay (section 51 of the Vehicle Registration Ordinance, Fahrzeug-Zulassungsverordnung, FZV). If the lessee cancels their insurance or stops paying the premium, that can happen quickly.
A vehicle taken out of service may not be driven on public roads and belongs on private ground. Parking it on public land is dealt with under state road law; in Bavaria, for example, as unauthorised special use with a fine of up to 1,000 euros, as the Fürstenfeldbruck district office explains.
After deregistration, many insurers offer dormant cover (Ruheversicherung). Allianz states a duration of up to 18 months, usually free of charge and usually with partial comprehensive cover. Its condition is that the vehicle is kept in a garage or on a protected, enclosed parking space on private ground (Allianz). Terms differ between insurers. Also check whether your own asset insurance as lessor covers the storage period.
truckoo stores repossessed vehicles on secured premises and brings them to market at the same time: a blind auction with sealed bids, with 1,500+ vetted dealers and exporters from 35+ countries. That keeps storage periods short. Find out more on our repossession and remarketing page.
With paid safekeeping, the custodian is liable for intent and any negligence. A commercial warehouse keeper is liable under section 475 HGB unless it proves that the damage could not have been avoided with the care of a prudent businessperson.
Yes. Under section 475b HGB, a commercial warehouse keeper has a lien for all claims under the warehousing contract as long as it has possession of the vehicle.
As long as it is registered, yes; otherwise the registration authority takes it out of service (section 51 FZV). After deregistration, many insurers offer free dormant cover if the vehicle is kept on enclosed private ground.
Initially, whoever commissioned the storage. Whether you can recover them from the lessee is governed by the lease agreement. Unnecessarily long storage periods may be at your expense because of the duty to mitigate loss.
This guide provides an overview and is not a substitute for legal advice on an individual case.
Repossession and remarketing · Repossession: process and costs · Remarketing after termination · Vehicle abroad
Gabriel Böhm is Managing Director of truckoo GmbH, the digital platform that is redefining commercial vehicle trade in Europe. With a passion for innovation and efficiency, he shapes the strategic direction and drives operational excellence to connect sellers and buyers smarter, faster and more transparently.
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