The customer waited 148 days for his damaged car to be repaired. During this time, he will receive compensation for use from the insurer of the driver who caused the accident. Even a returned rental car is not an obstacle, the Oldenburg Higher Regional Court ruled.
If a vehicle is Accident damaged and repaired, The owner may, under certain circumstances, be able to claim a Compensation for the Time demand in which he has his car do not use Alternatively, the insurer can cover the costs of a Rental car take over.
The Oldenburg Higher Regional Court clarified that the Loss of use must also be paid if the vehicle has a longer period in the repair is – in this case for 148 TakeThis applies even if the driver initially Rental car gets, but returns.
The case
A driver was through no fault of one’s own into a Accident It was clear that the Insurance of the Accident driver die Liability had to take over. Nevertheless refused they demand compensation for the loss of use on the grounds that the repair 148 Take The insurance company argues that it has already covered the costs of a Rental car However, since the injured party voluntarily returned the vehicle returned one prerequisite for compensation is no longer met: the willingness to use one’s car at all.
The verdict
The Oldenburg Higher Regional Court sided with the Driver.
The man understandably justified, why he rented the rental car returned He was repeatedly – even during his working hours – attacked by the landlord put under pressure, to return the car. In addition, the rental car had no trailer hitchwhich the man urgently needed. His lawyer later advised him to pay a flat rate instead of a rental car. Compensation for the loss of use. He then returned the rental car. The court believed him that he still wanted a vehicle instructed was and this in Family circle had borrowed.
The driver had the Repair order also directly after the insurer had given his consent, the judge found. This clearly proves that the man Will to use That he had the rental car returned have, prove in this case not, that the Will to use was missingConsequently, the insurer is obliged to complete loss of use to refundaccording to the verdict.
Oldenburg Higher Regional Court, judgment of Az. 1 U 173/22
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Text: Anne Kieserling / handwerksblatt.de
