Is there a right to loss of use for lengthy repairs? That's a not entirely unjustified question. Which now had to be clarified. And the answer is: You may be entitled to loss of use compensation if your vehicle is damaged after a accident through no fault of your own is repaired. Another question: Do I have to hire another workshop if the repair takes too long? People who have been injured through no fault of their own have one legal obligation to mitigate damages. Anyone who fulfills this obligation does not have to expect that they will be entitled to loss of use is denied. For example when a repair takes longer than expected. This is shown by a judgment of the District Court of Bautzen (Ref.: 21 C 570/20), to which the ADAC relies. In this case was a motorist through no fault of their own involved in an accident. The damaged car was taken to a workshop after the repair clearance was approved.
claim for loss of use
However, since this was delayed, the person concerned requested reimbursement of the costs for the almost two-month period in which he was unable to use his property. opposing insurance company but refused to pay. According to the insurance company, the excessively long repair time would be "a breach of the duty to mitigate damages". According to the opposing insurance company, the injured party had "need to go to another workshop". The situation ultimately had to be resolved in court. And the driver was right. He had requested information from the workshop on a weekly basis about the current state of affairs and requested that the repair be completed as quickly as possible. The workshop then informed him that the completion was still dragging on due to corona-related delivery delays. According to the court it would didn't make sense, in this situation to look for another way to repair. Consequently, the insurance had to cover the entire cost of the loss of use take.
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