For long repairs: Accident: Does the insurance have to pay for a rental car for months?
A traffic accident - good that the opposing insurance company has to pay. The broken car is to be repaired - that's standard. However, that's why over 4,000 euros in rental car costs were disputed.
When an individual is involved in a road accident, they must be careful not to increase the resulting damage unnecessarily, such as by paying excessively high rental car costs. However, in certain circumstances, a rival insurance company may be required to pay for a rented car for up to five months. This was demonstrated by a decision made by the Amtsgericht Coburg (case number: 15 C 1647/24), which the Arbeitsgemeinschaft Verkehrsrecht des Deutschen Anwaltvereins (DAV) pointed out.
The specific case involved a man whose car was severely damaged in an accident. This case fell under the responsibility of the rival insurance company, which unambiguously assumed liability for the accident damage. The man chose to repair his car, incurring costs of approximately 9,900 euros. While the replacement value of the car was only 9,000 euros, the repair was possible under the so-called 130-percent limit.
This means that repair costs for a total loss are covered if they exceed the replacement value of the vehicle by no more than 30 percent.
During the repair period, a rental car was arranged. However, the victim's account was permanently overdrawn by several thousand euros at the time, as he had recently taken out a large loan. He could not afford to finance the repair. The man's lawyer explicitly informed the rival insurance company about this situation. A new loan would have been impossible for him.
Consequently, the start of the repair was delayed until the insurance company made a prepayment. This resulted in rental car costs of over 4,200 euros for five months. The insurance company initially only agreed to pay 630 euros. The matter went to court.
The court determined that an accident victim should not unnecessarily accumulate debt or take out a loan if the at-fault party delays the reimbursement. He had already fulfilled his obligations by informing him of his economic hardship in a timely manner. The insurance company itself could have limited the costs if it had paid faster. Delays in spare part deliveries to the workshop also added to the situation. Therefore, the court considered the entire cost as reimbursable.
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
