🚙 Rental car and loss of use
In brief
If your car cannot be used after the accident, you can either take a rental car or claim compensation for the loss of use.
- Loss of use is a daily rate depending on vehicle type and age. It is usually stated in the expert report.
- The loss-of-use table (EurotaxSchwacke, groups A to L) gives daily rates of about 23 to 175 euros. This is not a statutory figure.
- If you have a free second vehicle or the garage provides a car, there is generally no loss-of-use compensation.
- You must keep the damage low. Have the repair done promptly.
Step by step
- DecideChoose a rental car or loss of use.
- Observe the duty to mitigateKeep repair time and rental period reasonable; compare offers.
- Inform the insurerAgree the rental car with the other party's insurer before high costs arise.
- Secure receiptsDocument the rental contract, invoice and duration of the outage.
Deadlines
- Daily rates are adjusted every year; the current table applies.
- A rental car and loss of use are mutually exclusive for the same period.
- If you rent a replacement car without need, your costs may be reduced.
- The insurer may dispute that rental car costs were necessary. Receipts and advice help.
In depth · legal basis, figures and practice – for advisers and professionals
Basis
According to ADAC, if the vehicle is out of action, the injured party can claim either rental car costs or flat-rate loss-of-use compensation; the flat-rate compensation is typically stated in the expert report. The legal basis is the claim for damages under § 249 BGB in conjunction with § 7 StVG.
Rental car
If a car of the same class is rented, a deduction is made for own expenses saved (commonly 3 to 10 percent). Under § 249 Abs. 2 BGB, the necessary amount is to be compensated: an accident replacement rate (Unfallersatztarif) is reimbursable compared with the normal rate only if it is commercially justified by accident-specific features and a cheaper rate was not accessible; otherwise it is reduced to the normal rate.
Loss-of-use table
The annually updated loss-of-use table by Sanden/Danner/Küppersbusch is published by EurotaxSchwacke. It has twelve groups (A to L) with daily rates of 23 to 175 euros. It is not to be confused with the Schwacke rental price list. From a vehicle age of 5 years, one group is downgraded, from 10 years two groups.
Exclusions
According to the guide, there is no claim if a garage or third party provides a rental car free of charge or a freely available second vehicle exists. The duration of the period of loss to be compensated depends on the repair or replacement time and is not governed by a statutory deadline.
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