- loss of use, even if the vehicle has been in the workshop for a long time?
- Compensation depends on vehicle model
- weekly demand it was crucial
There is a blow, an accident: the car is damaged and you have to go to the workshop. Was the Accident without your own faultThere are two options: You can for the Rent a car while the repair lasts. and demand reimbursement of expenses from the person who caused the accident. Or do without it and pick it up at the opposite car insurer the so-called compensation for loss of use.
But how long does the insurance have to pay?if the workshop cannot get the spare parts quickly or if there is a shortage of staff? The district court (AG) Bautzen (sentence of September 16, 2021, Az.: 21 C 570/20) has dealt with such a case.
Loss of use, even if the vehicle is in the workshop for a long time?
In coronavirus times repairs in workshops sometimes take longer. This gives rise to questions: Is there a right to loss of use even in the case of lengthy repairs? you need you need another workshop commission if the repair takes too long?
And there is another precipice to take into account: the person injured in a traffic accident through no fault of his own has the legal obligation to mitigate damages. If I meet this obligation, do I still have to count on the insurance company denying the loss of use claim? What specifically do I have to do to fulfill my duty?
The compensation depends on the vehicle model.
In the specific case, it was a driver of a Citroën DS3 in an accident through no fault of his own involved. The damaged car was taken to a repair shop after insurance company approval for the repairs. The work was delayed. The injured party demanded reimbursement of the expenses of the almost two months where he could not use his property. According to model, there are different daily rates, from 23 euros for a microcar like the Ford Ka to 175 euros for luxury models like the Porsche 911. Cars five years old or older are discounted in a group. From the age of ten, two groups are degraded. The opposing insurer refused to pay 50 euros per day in this specific case.
the According to the insurance company, the repair time was excessively long. “a breach of the duty to mitigate the damage”. According to the opposing insurer, the injured party would have “I have to go to another workshop”. Additionally, the insurance company refused to reimburse the cost of disinfecting the vehicle after acceptance and prior to return.
Weekly demand was crucial
The case ended before the AG in Bautzen and there the accident victim was right. The deciding factor for the court was that he had asked the workshop for information on the current state of affairs on a weekly basis. In addition, he repeatedly insisted that the repairs be completed as quickly as possible.. The workshop then informed him that the completion was still delayed due to corona-related delivery delays. According to the court, there would have been no point in pursuing another redress option in this situation. the The insurance had to cover the full cost of the loss of use.
In the customer’s opinion, the costs of repairs that were made after the repairs were completed were also related to the pandemic. vehicle disinfection in the amount of approximately 26 EUR can be replaced. However, disinfection expenses before taking the vehicle to the workshop are not reimbursable. This is purely a job security measure.