Schlechtes Timing: Unfall kurz vor Autoverkauf: Wer zahlt den Verlust?

Selling a car at a good price is a welcome occasion, but what happens when the vehicle is damaged before the sale is finalized, leading to a cancellation of the deal? In such cases, the opposing insurance company may step in to cover the loss, as the Arbeitsgemeinschaft Verkehrsrecht des Deutschen Anwaltvereins (AVDA) points out, citing a relevant judgment from the Amtsgericht Rheinbach (case number: 5 C 73/23).

In a specific instance, a man sold his SUV for 21,000 euros to a commercial dealer, but just a few days later, the vehicle was damaged in an accident. The liability was clear, and the opposing insurance company had to pay for the damage to the car. However, the agreed sale did not go through. The dealer refused to purchase a damaged vehicle and withdrew from the contract.

The owner was forced to sell the damaged car for only 17,000 euros to a car dealership. The insurance company of the opposing party offered to pay only a 150 euro depreciation, not accounting for any profit loss. The owner, however, insisted on receiving the difference of 3,850 euros from the originally agreed sale price. The case went to court, and the Amtsgericht Rheinbach ruled in favor of the owner.

The court determined that the loss of potential profit due to an accident can be compensated as a loss, provided the injured party can prove that they suffered financial benefits from the damaging event. The original buyer testified as a witness and confirmed the binding verbal agreement on the sale price of 21,000 euros. The plaintiff also did not have to painstakingly attempt to secure a higher price through alternative means, as he needed the capital for his already ordered electric car and the expedited sale at a lower price was permissible to meet the deadlines for the promotion.

The insurance company was required to pay for the profit loss. According to the traffic lawyers of AVDA, without a proven sale, as in this case, the loss resulting from the lower sale price due to an accident is typically considered a depreciation of the vehicle and must be claimed in the accident regulation.