u/Last-Bite6356

Hi everyone, I’m looking for insights on how car rental companies handle Zero Excess waivers when a claim gets messy.

I recently had a single-vehicle accident in Switzerland:

The Incident: While reversing to turn a corner, I there was a blind spot and reversed directly into a solid metal pole, causing significant physical damage to the rear of the car. No other vehicles or people were involved.

The Authorities: I immediately called the police. The Kantonspolizei St. Gallen attended, filed an official report, and logged 0.00 CHF in municipal damage. They issued zero traffic citations, no fines, and no penalty report for reckless driving.

The Contract: I had pre-paid for a **Zero Excess waiver (**⁠ZE1⁠ / 0 CHF deductible).
The Company’s Response: After I submitted my accident report and the police file, customer service acknowledged I bought Zero Excess, but officially rejected it. They claim that based on a photo review, the damage is too severe for an ordinary accident, declared it a "Breach of Contract" due to "negligence," and are demanding I pay the full repair invoice. Which is well over 20k EUR

My questions for the community:

1. Can a rental company unilaterally void a pre-paid Zero Excess protection contract by labeling heavy accidental damage a "breach of contract" or "negligence" via a photo review?

2. What legal standard of gross negligence is typically required in Europe to invalidate a zero-excess waiver when law enforcement investigated the scene and issued zero citations or penalties?

3. Is escalating an unresolved dispute like this to the European CarRental Conciliation Service (ECRCS) the standard path forward?

Any advice or similar experiences with rental companies pushing back on zero-excess claims would be appreciated.

Hi everyone, I’m looking for insights on how car rental companies handle Zero Excess waivers when a claim gets messy.

I recently had a single-vehicle accident in Switzerland:

The Incident: While reversing to turn a corner, I misjudged a blind spot and reversed directly into a solid metal pole, causing significant physical damage to the rear of the car. No other vehicles or people were involved.

The Authorities: I immediately called the police. The officer attended, filed an official report, and logged 0.00 CHF in municipal damage. They issued zero traffic citations, no fines, and no penalty report for reckless driving.

The Contract: I had pre-paid for a Zero Excess waiver (⁠ZE1⁠ / 0 CHF deductible).
The Company’s Response: After I submitted my accident report and the police file, customer service acknowledged I bought Zero Excess, but officially rejected it. They claim that based on a photo review, the damage is too severe for an ordinary accident, declared it a "Breach of Contract" due to "negligence," and are demanding I pay the full repair invoice. Which are well over 20k EURO.

My questions for the community:

1. Can a rental company unilaterally void a pre-paid Zero Excess protection contract by labeling heavy accidental damage a "breach of contract" or "negligence" via a photo review?

2. What legal standard of gross negligence is typically required in Switzerland to invalidate a zero-excess waiver when law enforcement investigated the scene and issued zero citations or penalties?

3. Is escalating an unresolved dispute like this to the
   Any advice or similar experiences with rental companies pushing back on zero-excess claims would be appreciated.