If I borrow a car from a neighbor or friend: Does the lender have to tell me if it has winter tires? Or do I have to check myself if the proper tires are fitted?
W. Suter, Aarau AG
In general, there is no obligation to have winter tires in Switzerland. But a car driver is always responsible for not causing an accident, even on winter roads – otherwise, it could result in a fine or license revocation. Therefore, he should make sure that the vehicle he drives is properly equipped in winter, that is, it has winter tires. Even if he borrows from friends or acquaintances. And also if he leases one from a commercial contractor.
That’s why you should always check which tires are on a vehicle and not blindly trust the owner of the vehicle – even if it’s a good colleague or family member. Because if you cause an accident due to unsuitable tyres, you, as the driver, are entirely responsible. If the borrowed car has ice and snow but no winter tires, you should leave it there.
Car rental companies are in a slightly different situation: they have to provide a roadworthy and ready-to-drive vehicle. However, if you hand over a vehicle with summer tires to the renter in winter conditions, this will not be the case. However, in Switzerland and in many regions where winter conditions prevail, car rental companies usually equip their vehicles with winter tires.
However, you should not rely on it 100 percent. We recommend that you pay attention to this when booking online or when asking for winter tires in advance. And refusing to take delivery of a rental car that is not equipped with winter tires.
This also applies to employer’s vehicles. If the employee provides a car with insufficient tires for winter driving, the employee should insist on buying a car with winter tires or refuse to drive. Those who work as drivers are also responsible for the road safety of the vehicle.