Monday, March 25, 2024
Menu

BGH: Customers are entitled to compensation for the new value when leasing!

Reading time 3 Min.

BGH: Customers are entitled to compensation for the new value when leasing!

The big difference between that Leasing and the Purchase of a car is that car Property the leasing company remains and the customer over a fixed period of time corresponding rates for the use of the vehicle pays. But how about one New value compensation in leasing if it crashes? We will clarify this using a specific example: In our case, the lessee has one for contractual reasons Fully comprehensive insurance at the new value of the vehicle of around 70.000 Euros completed. After her the car was stolen, however, the insurance company reimbursed the manufacturer bank as the lessor only about 50.000 euros for all costs. When the customer demanded the remaining 20.000 euros from the bank, the bank refused to release the sum from the insurance company.

The customer is entitled to compensation as new value!

Which party is entitled to the money in such a case is controversial. The Higher Regional Court of Munich had once chosen that the leasing company as the owner of the car the sole claim on the money.

However, the judgment of the Munich Higher Regional Court was now repealed by the BGH. The BGH ruled that the 20.000 euros the claimant is entitled to. From the point of view of the BGH, a car buyer closes one New value insurance off to in an emergency not on a used car, but on one equivalent new car model to be able to evade. Thus, the customer could use the money to lease a comparable new car. Since the BMW bank does not use the car, but only finances it, the insurance money would be used Excess proceeds which contradicts the idea of ​​justice according to the BGH.

BGH: Customers are entitled to compensation for the new value when leasing!

Of course that had not been the case.

tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:

Notifiable tuning: Information on eVB and insurance coverage

BGH: Customers are entitled to compensation for the new value when leasing!

New BMW M5 CS with yellow headlights: allowed?

BGH: Customers are entitled to compensation for the new value when leasing!

EU fleet operators need more technology in France!

BGH: Customers are entitled to compensation for the new value when leasing!

"Tuningblog.eu" - we keep you up to date on the subject of car tuning and car styling with our tuning magazine and we present you the latest tuned vehicles from all over the world every day. It's best to subscribe to ours Feed and will automatically be informed as soon as there is something new about this post, and of course also to all other contributions.

About Thomas Wachsmuth

Thomas Wachsmuth - He has been an integral part of tuningblog.eu since 2013. His passion for cars is so intense that he invests every available penny in them. While he dreams of a BMW E31 850CSI and a Hennessey 6x6 Ford F-150, he currently drives a rather inconspicuous BMW 540i (G31/LCI). His collection of books, magazines and brochures on the subject of car tuning has now reached such proportions that he himself has become a walking reference work for the tuning scene.  More about Thomas

Leave a Comment

Your e-mail address will not be published. Required fields are marked with * marked