Who can’t use his car after a no fault accident, because the car must be in the garage, has a choice: car or cash. However, as long as the claim for loss of Use applies?

Bielefeld (dpa/tmn) – Until an accident car comes back from the workshop, it usually takes a few weeks. This time Victim can claim compensation for loss of Use.

This may be entitled to a, under certain circumstances, for a longer period of time, such as a judgment of the district court of Bielefeld shows (Az.: 2 O 85/16). The working group traffic law of the German bar Association (DAV) reported.

In the case of a woman who had become unwittingly involved in a Crash had to wait very long on the repair of your car. For the delay, there were several reasons for this: The car was a collector’s item, and certain spare parts were not easy to come by. In addition, a member of the shop became ill, and the opposing insurance paid delayed the advance payments to the workshop, as well as the cost of repair.

The woman was to rely on the car. She went always to work. Instead of a car, demanded it from the accident, compensation for the loss of Use for more than 365 days.

The district court gave her right. The judge convicted the opposing insurance company to pay a loss of Use in the amount of approximately 17 700 Euro. The applicant is to meet due to the long duration loss of Use is not contributory negligence. Especially as the repair would not have lasted, according to the DAV for so long, if the opposing insurance company had fulfilled its payment obligations in a timely manner.

Association of traffic law