Loss of use
The injured party is entitled to compensation for the fact that the vehicle cannot be used while the vehicle in the accident is being repaired or for the time it is necessary to obtain a replacement. Loss of use compensation. The following requirements must be met:
- Lack of use: The vehicle involved in the accident must actually have failed.
- Willing to use: The injured party must want to continue using the vehicle in the accident. The will to use is manifested in particular by repairing the vehicle.
- Usage possibility:
The injured party must be able to use the vehicle after the accident. The possibility of use can therefore be omitted if he was injured in the accident to such an extent that he is not able to drive the vehicle.
Proof of failure
Since a loss of use compensation is provided for the failure of the vehicle, the failure must be proven. The assertion of a fictitious loss of use is therefore not possible.
- proof of a repair is provided by a Repair invoice or a so-called. Repair confirmation by the appraiser
- in the case of a replacement, the Registration papers of the new vehicle as proof
Determination of the period for the downtime
When assessing the loss of use at a Total loss When determining the period of downtime, the insurance companies only refer to the replacement period specified in the report. Correctly, however, the following periods are also relevant when measuring the downtime:
After the consideration period / examination period, the actual replacement period now follows.
It should also be pointed out that the right to loss of use cannot exist alongside a right to a rental car, ie the injured party must decide what to claim.