Accident vehicles by definition - when is it actually one?

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Recently updated on February 17, 2023 at 12:14 am

"...Accident vehicles, ja / no? “This is exactly the question that comes up when you sell a vehicle. Because this is what is usually asked for in the sales contract. The answer to this question has a huge impact on the retail price. There are two different ways of viewing this:

• The rough definition of an accident vehicle is that any vehicle that is at least an external force in conjunction with a damage according to had a Accident vehicles is. How high the damage turned out, however, plays a role here not matter. Such vehicles are also known as "not accident-free" designated.
• In practice, however, one uses one more accurate Definition of an accident vehicle. The more precise definition is that the damage sustained to the vehicle certain minimum must have exceeded. A vehicle is therefore not in the event of minor damage accident free, but does not yet fall into the category of one either Accident vehicle.
• Exterior mirrors or glass panes replaced after a crash fall not in the category of minor damage. They are subject to disclosure. When selling the vehicle you have to do these repairs tell and in the sales contract festhalten.
• If a larger area had to be bulged, renewed, filled or repainted, or if a part relevant to driving safety had to be replaced / straightened, then one speaks of a Accident vehicles. This also applies if with one Rear damage, for example the apron replaced had to become.

Okay, so far so good - but what's one now more relevant Accident damage?

This question was answered in a judgment of 10.10.2007 (VII ZR 330/06) clarified by the Federal Court of Justice (BGH). Potential buyers must therefore be informed about any accidental damage that is about a "Minor damage" go out. In the opinion of the BGH, minor damage includes "whole minor, external (paint) damage“To understand on the vehicle. Minor damage is therefore not required to be reported. The buyer of a used car must therefore expect such damage and this accept.

So is the accident damage to the vehicle unusual nature, the car will classified as an accident vehicle. According to the definition of the BGH, a reportable accident damage already exists if Sheet metal damage were created on the vehicle - no matter how small they may have been. Here it is not important whether the damage professional have been fixed or not. They apply after Section 434 of the BGB in any case as a Material defectwhich must be communicated and, if necessary, a Depreciation can cause.

As a guideline for assessing when a vehicle is classified as an accident vehicle, the judgment of the BGH applies. The legal basis for the definition of accidental damage is § 434 of the BGB on the subject of "material defects". According to § 434 paragraph 1 sentence 2 number 2 BGB, goods are then free from Material defectsif you are interested in the "ordinary use" and a "Has texture"Which for comparable goods as usually applies.

Accidental damage - or just minor damage?

Between one Minor damage and one notifiable Accident damage lies a very narrower Grat. In the case of a sale, you should think carefully about whether or not to hide an accident. The designation Accident vehicles or Accident vehicle has an immense impact on the price of the vehicle that is for sale. Price negotiations can also be very difficult in such a case. The title of a vehicle that has been involved in an accident forces the seller to take his vehicle to one far lower price has to offer than a comparable model without a dark past. For this reason, the seller can consider the amount that reduces the value of his car after an accident Compensation demand from the polluter. Such impairment is called mercantile inferiority bezeichnet.

Whether it is an accident car or not can usually only be done by one Experts get answered. They should be familiar with the sale of used cars and thus also be able to assess whether the damage is only minor or notifiable accident damage. Accidental damage is damage caused by external forces at the vehicle. Used vehicles that are not sold under the name of accident vehicles can, however, also Damage exhibit. This damage occurs wear and are to be assigned to the life cycle of a vehicle. Such damage can be among others broken wishbones, defective bearings, rusted exhaust systems, broken lights or Paint damage due to Rust and Falling rocks .

Accident vehicle is sold as accident-free - what are the consequences?

Becomes intentionally Withheld or failed to declare an accident vehicle as such, the buyer has the option of withdrawing from the purchase even after signing a purchase contract, even if an exclusion of warranty is anchored in the contract. So if it turns out in retrospect that it is an accident vehicle, the buyer can from Withdraw from the contract and Compensation request from the seller. Another option is that the seller has the vehicle in Exchange for the purchase price must take back again. Became an accidental damage intentionally kept secret you even have to go with one prosecution for fraud expected.

summarize, the accident vehicle:

• A pair of collision with the trunk pressed in and the front of the vehicle pressed in (opponent), allows both cars Accident vehicles .
• By definition, an accident vehicle is any vehicle that has suffered damage as a result of an accident (but only if there is more than a scratchthat can be mended is. This would be minor damage that does not require disclosure)
• exchanged Exterior mirrors, glass panes, etc. are subject to disclosure. (The buyer of the vehicle needs to know, ideally in the sales contract)
• If after the accident a larger area has to be bulged, renewed, filled, repainted, replaced, straightened, it is a must Accident vehicles
• Basically, all damage should be recorded in the sales contract, which would actually pass as minor. (also hail, exchange due to rust, exchange of a door, exchange of the hood must be communicated)
• Has a vehicle no Accidental damage, then it can be considered accident free are designated
• all damage caused by external influence and are more than minimal cosmetic flaws, turn the car into an accident vehicle
• Already a small one Parking bumpers can ensure that the designation "accident free”No longer applies

PS: Had an accident? What Deadlines for reporting apply that can be found in our post "When should the insurance company inform about a claim?“Read.

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