After an undeserved traffic accident victims are entitled to compensation for loss of use, or on a car. Rightly face the victim question, can be used for how long a car. The Court of Appeal within the ruling of 9 April 2010 (12 U 23/08 DAR 2010, 138) the following clear:
Anyone following a road accident give up his car during the repair needs, you can either claim the cost of a car or so-called loss of use. the repair but drawn out over several months, the victim may be required to purchase an interim vehicle when are predictably much lower than the cost for this car costs or loss of use damages. If the victim for the purchase of a replacement vehicle is not in a financial situation, he has the party in the accident or its liability insurance to point out and demand an appropriate advance payment.
Whether and how the ruling in Practice is to be implemented remains to be seen.
In one of our recent cases, said the workshop, which was located in the damaged vehicle with our clients, that is preparing the delivery of spare parts according to manufacturer problems with a delivery can not be expected two months ago. As our client had rented from the day after the accident a replacement car, immediately were contacted with the assurance to comply with the duty to mitigate damages by the victim. With the car rental company agreed immediately to the accident damages only charge for a section and then on a weekly basis to be settled.
The regulation of rental charges of around 2 / 3 of the replacement value was the vehicle of our clients finally - due to the significant involvement to mitigate the damage -. Unhesitatingly was in this case it is necessary to influence those involved with our clients in any case ; to make harmless. The case was certainly appropriate here to be had to the car rental company, at least not for the entire rental time called the accident replacement rate to be calculated.
Because of the many problems after a traffic accident to involve a specialist in the traffic law attorney is needed, at the end not to sit on a claim. And this is due to the extensive problems not only in contested traffic accidents.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin
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