Amberg (dpa / tmn) – Victims with a broken car can either have a replacement vehicle paid for after a traffic accident or fictitiously settle it. Possible discounts when buying the accident vehicle do not play a role. What counts is the replacement value on the free market.
This is shown by a ruling by the Amberg District Court (Az .: 2 C 6 194/20), which is reported by the Transport Law Working Group of the German Lawyers’ Association (DAV).
The woman got a discount – the insurance wants to credit it
In the case in question, the question of guilt was clear. But the opposing insurance company only wanted to partially pay for a woman’s badly damaged car. The argument: the woman has a car rental company and therefore receives special discounts when buying new cars. They would have to be taken into account, especially since this purchase price would already be lower than the value of the replacement. The matter went to court.
That judged in the interests of the woman and awarded her full compensation – without deducting discounts. These new vehicle discounts are not taken into account. In the case of fictitious billing in particular, it is about what a replacement on the free market would cost. It is irrelevant whether the injured party actually wants to buy a new car or not. Only the economic value counts – otherwise the injured person would be worse off.
The replacement value counts without any possible discounts
Discounts when buying a new car would not be offset against a later sale of a used vehicle. And injured parties would lose this economic advantage, and discounts would count. So you don’t have to be referred to possible discounts or special offers from the manufacturers. The list price applies, according to the traffic law working group.
© dpa-infocom, dpa: 211209-99-318632 / 3
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