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After an accident, the Injured party are placed by the person who caused the accident as if the accident had practically not taken place. But what happens if the damaged vehicle was purchased at a discount? Will the discount from the compensation amount deducted? After a traffic accident, the injured party can claim the costs for a replacement vehicle of the same type and quality from the person who caused the accident get reimbursed or fictitiously settle. From a legal point of view, the compensation must be equal to the replacement value of the vehicle on the free market. Previous discounts on vehicle purchases become compensation not counted. This is how the Amberg District Court ruled (Ref .: 2 C 6 194/20), which the Working Group on Traffic Law of the German Lawyers' Association (DAV) recently reported on.
Insurance would like to deduct a discount!
In the above-mentioned case at the Amberg district court, the question of guilt was clear, the cause of the accident have to pay. However, the opposing insurance company was only willing to take the woman's badly damaged car proportionally to settle. The reason was that the woman owned a car rental company and thus received special discounts when buying a new car. These must be added to the compensation amount to be counted on and this purchase price would already be lower than the replacement value. The dispute went to the district court!
Amberg District Court ruling on new car discounts
The court ruled in favor of the injured woman. The insurance must without deduction of discounts pay full compensation. In the case of fictitious billing in particular, it is determined how high the replacement value would be on the free market. Only the economic value counts as compensation and regardless of whether the injured party wants to get a new vehicle or not. A worse position of the injured party must not be done. Thus, new car discounts are allowed not be taken into account.
Only the replacement value without possible discounts applies
Discounts on new car purchases are also available not counted towards a future second-hand sale. This is an important economic benefit that injured parties would lose if discounts were to be applied. The injured party must therefore not deal with possible discounts or special offers from manufacturers. Only the list price is important, so the working group traffic law.
Of course, that wasn't the end of it.
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:
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Can illegal parking lead to the loss of the driver's license?
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