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However, the judgment of the Munich Higher Regional Court was now repealed by the BGH.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 can not be 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.
Of course that had not been the case.
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