Sample Counter Insurance Letter

loss of use compensation in case of total loss

Following a no fault accident, injured in principle a entitled to compensation for loss of use, if the latter decides on a car. When a repair is damage to the victim a loss of use until the completion of the repair to.

measured in the case of total loss, the amount of compensation for loss of use of the so-called lead time. This is in expert reports usually with 12 - 14 days specified. Dispute arises whenever the victim waived for a replacement.

Liability Insurance will always reject the claim from the following reasons:

If no replacement vehicle is purchased for a total loss should, according to the liability insurance lack the will to use. This is correct as a prerequisite for loss of use claim.

undermines these represent the third-party insurance considered the victim in the case of total loss, even at late or no replacement, the loss of use.

The requested use will of the victim is already being sufficiently proven that this time of traffic accident has added a motor vehicle. In its ruling of 10 June 2008 (BGH VI ZR 246/07) lists the Federal Court to understand may be sought under what conditions a loss of use.

In contrast to repair damage to the total loss and loss of use must be notified without the purchase of a replacement vehicle is detected. The use will go under the total loss that is not with the vehicle. If the event not occurred, the victim would have continued using the vehicle. (Also Jagusch / Hentschel, traffic law, 33 ed I StVG § 12, para. 45).

Regardless of the "new" jurisdiction to try liability insurers still refuse to loss of use, unless a replacement and appropriate submission of appropriate evidence is. Because of the many problems in the handling of traffic accidents are still advised to hire a specialist in the traffic law attorney with the handling of a traffic accident.

About the Author: Attorney Thomas Brunow lawyer for traffic law in Berlin. Brunow lawyer is legal counsel of the Volkswagen - Audi Dealer Association and a member of Traffic Law ARGE traffic law in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations (hit and run fine, points on their license, etc.) quickly and unbürokratisch.mehr info: www.verkehrsrecht-24.de

Tel: 030 / 226 35 71 13

lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin