A road traffic accident not only results in bodywork damage, but often also in financial disputes with the other party's insurance company. Especially when it comes to Compensation for loss of use and Stall fee the situation is often unclear. In a recent case that we handled in our office in Bremen and Sulingen a client was able to claim a further €1,212.18 despite the insurance company's reluctance to settle the claim. Here we show when you are also entitled to more.
What is loss of use and what is demurrage?
If your vehicle is no longer roadworthy after an accident that was not your fault, you are entitled to a Compensation for loss of use. This is calculated on the basis of a daily rate depending on the type of vehicle and the duration of the repair or replacement.
Stall fee On the other hand, these are costs incurred when the vehicle is towed away and temporarily stored on company premises or at a garage. Such costs must be reimbursed if they are necessary and reasonable.
The case: Delayed settlement, no money for repairs
Our client was involved in an accident on the main road between Bremen and Sulingen no longer mobile. The vehicle was so badly damaged that it had to be towed away. The opposing insurance company initially only settled part of the claim. The repair could have been started immediately, but the client was unable to pre-finance it from his own funds.
Despite an account balance of around €5,000, the repair was significantly more expensive according to the expert report. The insurance company only paid weeks later. In the meantime Stand costs amounting to over €500 and the client was left without a vehicle for almost two months. The insurance company did not want to pay for this - wrongly, as the court ruled.
The decision: Entitlement to full loss of use and demurrage
The court made it clear that anyone who is not in a position to pre-finance the repair can wait and see. The injured party is not obliged, to take out a loan or even utilise his comprehensive insurance to cover the damage. The account balance available in the meantime was also not considered a sufficient source of financing.
It was also recognised that the vehicle was unusable throughout and that there were no other mobility options. This was a further Loss of use for 14 days at € 50 each, i.e. € 700, was awarded. The second Stand fees of € 512.18 had to be reimbursed.
What does that mean for you?
If you can't have your car repaired immediately after an accident because the insurance company is reluctant or you don't have the funds, you don't have to put up with everything. It is important that you explain at an early stage that advance financing is not possible. Then you have a good chance of being able to claim for loss of use and demurrage costs at a later date.
Conclusion: Have your claims checked
A legal review is particularly worthwhile in complex claims. Insurance companies often try to settle only the minimum amount. However, as our case from the Bremen/Sulingen often significantly higher claims can be enforced with legal support.
As a law firm specialising in traffic law, we are ready to support you in all matters relating to traffic accidents and the associated legal challenges. Our expertise ranges from advising and asserting your claims to representing you in court proceedings. If you need support or have further questions about the consequences of an accident, please do not hesitate to contact us. We are available at our offices in Sulingen, Bremen, Osnabrück or online.
FAQ
1. do I have to pre-finance the repair of my vehicle myself after an accident?
No. If you can prove that you do not have the financial means, you are not obliged to advance the repair costs.
2 What is compensation for loss of use and how long am I entitled to it?
You will receive loss of use if your vehicle was unusable due to an accident - for the period of the repair plus a reasonable inspection period.
3. are stand costs reimbursable?
Yes, if they are necessary, appropriate and documented. This applies, for example, to parking on the premises of a towing company or at a garage.
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