A traffic accident is an unpleasant and often also expensive affair. In addition to the cost of repairing the vehicle, the injured party will also incur other expenses, for example in the form of rental car or travel costs. In addition, the vehicle may not be available for a certain period of time, resulting in a loss of use. But how long will this claim last and what factors must be taken into account??
As a general rule, the injured party is entitled to loss of use if his vehicle is no longer roadworthy as a result of the accident. The duration of the loss of use depends on various factors, such as the extent of the accident or the availability of a replacement vehicle. In some cases, the claim for loss of use can even last for up to one year.
But what conditions must be met for the claim for loss of use to exist and how is it calculated? In the following, these issues are examined in more detail and possible pitfalls are highlighted.
What is loss of use after traffic accident also for one year?
After a traffic accident, it can happen that the vehicle can no longer be used. Loss of use refers to the time during which the car cannot be used. This often results in financial losses for the vehicle owner.
To cushion these losses, the vehicle owner can make a claim for loss of use. The claim for loss of use generally covers the time the vehicle is in the workshop for repairs.
But what happens if the vehicle is so badly damaged that it cannot be used for more than a year? In this case, the claim for loss of use may also apply for a year or longer. However, certain requirements must be met for this, such as the existence of an economic total loss.
If the vehicle owner has a claim for loss of use, then the opposing insurance company must assume the costs. However, it is important that the vehicle owner submits all the necessary documents and evidence to support the claim.
How long can loss of use be claimed after a traffic accident??
In the event of an accident involving a passenger car, the injured party can claim not only the damage to the vehicle but also the so-called loss of use as compensation for damages. Loss of use refers to the period during which the vehicle cannot be used due to the accident.
How long the loss of use can be claimed depends on various factors. As a rule, the injured party can claim the loss of use for the duration of the repair or replacement. But what if the vehicle cannot be used for longer than one year??
According to a ruling by the Federal Court of Justice on 14.05.2019 (Ref.(VI ZR 381/18), it is also possible to claim loss of use for a year or even longer if certain conditions are met. In the case, a motorist had no vehicle available for a year after an accident and was therefore unable to earn earned income.
Whether loss of use can be claimed for a year in other cases depends on a number of factors, such as the length of the repair, the availability of replacement vehicles and the individual situation of the injured party. In case of doubt, you should contact a lawyer for traffic law to have your claims for loss of use examined in detail.
What is compensation for loss of use after a traffic accident??
Compensation for loss of use is a legal claim that you have if a motor vehicle can no longer be used after an accident. For example, if you had an accident and your car needs to be repaired, you are entitled to compensation for loss of use during the time when the car cannot be used.
The amount of compensation depends on various factors. An important factor is the duration of the loss of use. As a rule, compensation is calculated for the period of the repair or accident. However, there are also cases in which compensation can be obtained for a longer period of time, for example in the case of a total loss.
The amount of compensation is usually calculated on the basis of an expert opinion. Various factors are taken into account, such as the make and model of the vehicle, the mileage and the loss of value due to the accident.
What documentation must be provided to apply for loss of use compensation?
After a traffic accident, it can happen that the damaged vehicle cannot be used for a certain period of time. In this case, there is a right to compensation for use to make up for the loss of earnings.
In order to apply for such compensation, various documents must be submitted. First and foremost, you need a confirmation of the accident as well as a damage statement and repair invoice. In addition, proof of use of the vehicle, such as an employment contract or similar, must be provided.
In addition, it may be necessary to hire an appraiser to evaluate the damage caused to the vehicle. This is particularly useful if the insurance company of the person who caused the accident does not cover the costs incurred in full or if complications arise.
Overall, the documents required to apply for loss of use compensation are extensive, but necessary to receive fair compensation. It is therefore advisable to contact the necessary offices and experts at an early stage in order to guarantee a smooth settlement of the case.