There has been a crash and your car is no longer roadworthy. So that you can still get from A to B during the repair period, you can hire a car, for example. Or you can claim compensation for loss of use and have the damage caused by the loss of your car paid out to you. We explain everything you need to know about compensation for loss of use and how it is calculated here.
Compensation for loss of use - what is it?
As soon as you are involved in an accident through no fault of your own, you are entitled to extensive legal claims. These include not only the repair of your damaged vehicle, but also Other servicesthat you can claim as an accident victim. One of these is the so-called compensation for loss of use. Loss of use always occurs when your vehicle is no longer roadworthy after an accident. It then has to be repaired or even scrapped. This means that you are unable to drive your car for a period of time and receive compensation for this time.
Incidentally, this also applies if your vehicle is a total loss and can no longer be repaired. It is therefore irrelevant whether the loss of use is only temporary or permanent. As soon as you have suffered a loss of use, you are entitled to compensation. However, there are certain rules for this.
How to apply for compensation for loss of use?
Just like the other costs and expenses that you have incurred as a result of the accident, you can apply for compensation from the insurance company of the person responsible for the accident. For example, by claiming this in writing. However, this is not always easy for you as a layperson.
To ensure that you receive the compensation for loss of use to which you are entitled, do not have to argue unnecessarily with the other party's insurance company and, above all, do not lose money out of ignorance, we recommend that you leave the application and everything else to our experienced traffic law experts. We will ensure that you receive your money as quickly as possible, provide you with comprehensive advice on all the benefits to which you are entitled and take care of communication with the insurance company. This saves you time and stress and secures your claims.
Accident victims in your situation simply get the best support from fairforce.one.
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Who receives and pays compensation for loss of use?
Compensation for loss of use of a car is due to those involved in an accident who are not responsible for the accident. This means that you are entitled to compensation after an accident that was not your fault, but you do not have to pay for it yourself. These costs are borne by the party responsible for the accident or their insurance company. This is because these are among the benefits to which you are entitled as a party involved in an accident through no fault of your own and which are intended to compensate you for the disadvantages you have suffered as a result.
It is assumed that you are at a disadvantage if you are unable to use your car as usual due to the necessary repair or total loss. However, as you are not at fault for the breakdown of your vehicle and the person who caused the accident is responsible, the costs of compensating for this disadvantage are borne in full by their insurance company.
How to calculate compensation for loss of use
As with almost everything to do with compensation for loss of use, there are also fixed guidelines and rules for compensation for car use. You cannot simply determine the value of your loss yourself. Instead, you must have the compensation for loss of use calculated. Two conditions must be met beforehand:
- Willingness to use:
The car must be needed during the period of repair/new procurement. This does not necessarily have to be a regular journey to work. It is also sufficient if you are planning a trip or want to visit relatives during this time. The important thing here is that you actually want and/or need to use the car during this time.
The easiest way to "prove" your intention to use the vehicle is to return the damaged vehicle for repair or to purchase a replacement vehicle. The opposing insurance company could otherwise claim that you are travelling on foot voluntarily and that you have no intention of using the vehicle. - Utilisation option:
Of course, you must also be able to drive your car during this time. If you have broken your leg, are in hospital or have lost your driving licence, this is not the case. This also applies if you have planned a flight and will not be travelling by car on your holiday.
Only when these two conditions are met - i.e. you both want to and can use your car - can you calculate the compensation for loss of use. The amount is usually between 23 euros and 175 euros per day and depends largely on your vehicle model, its equipment and the year of manufacture of the car. This is because this data indicates where your vehicle is categorised in the loss of use table. This indicates how high the assumed loss of use is and regulates what payment you are entitled to for each day of loss of use. Many drivers also know the table as the Eurotax-Schwacke table.
Insurance company wants to pay too little
Because an assessment based on the age of the vehicle is not always accurate - after all, there are well-maintained, older vehicles as well as four-year-old clunkers - experts often also look at the state of care and maintenance. It is therefore particularly important that an independent expert takes a look at your accident vehicle.
Accident victims in your situation simply get the best support from fairforce.one.
Loss of use is determined by an expert
However, even if the loss of use table gives an indication of the respective daily rate, the actual categorisation of the car is determined by an expert. The age of the vehicle plays a major role here. Cars that are more than five years old automatically slip down a level. If the vehicle is more than ten years old, it is even two levels lower. Even older vehicles are no longer categorised according to Schwacke, but only receive the so-called holding costs. These are the costs incurred to keep the car running. For example, vehicle tax, but also rental costs for a parking space.
Delays in repairs
It should be noted that you as the injured party still have a duty to minimise damages. This means that the repair must take place as quickly as possible and must not be delayed. You must therefore endeavour both to determine the damage quickly and to carry out the repair as quickly as possible. If there are still delays, for example because spare parts are not available in time, the opposing insurance company can, for example, demand a repair schedule that documents and proves the impediment.
Car hire or compensation for loss of use?
It is important to know that if your vehicle breaks down, you can choose between a Rental car and the compensation. This is because the opposing insurance company does not pay either compensation. This means that customers who hire a car are not entitled to additional compensation for loss of use - and vice versa. Although you also suffer a loss of use with a hire car, this is already compensated for by the hire vehicle. However, it is possible to divide the time spent repairing or purchasing a new car and thus drive a hire car for a few days and pay the compensation for the rest of the time.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment.
Compensation for loss of use of a second car
If you have access to a second car that you can use during the repair period, your right to a hire car no longer applies and the Compensation for loss of use. However, only if this second car is not needed by other family members. If, for example, your partner drives it to work or your child to university, then this vehicle is not considered a second vehicle that you can potentially use and you can still choose between a hire car and compensation.
Compensation for loss of use in the event of a total loss - What am I entitled to?
You are not only entitled to compensation for loss of use if your vehicle is in the workshop, but also if it is a total loss. In this case, the car can no longer be repaired economically and must be purchased again. As this also takes time during which you do not have a car, you can also apply for compensation. The rules are the same as for a repair, but different deadlines apply.
This is because the time you need to buy a new vehicle is assumed here. Previously, the law assumed a maximum of 14 days. However, courts have significantly increased this period. The process is now estimated to take around 26 days, as the time it takes to assess the damage and a period of reflection are no longer included in the calculation for the new purchase.
The right steps for fair claims settlement
Have you been involved in an accident through no fault of your own and would like to receive compensation for loss of use? Then play it safe and contact us directly:
- Our competent team of experts will discuss the right next steps with you.
- If required, we can organise a top rated appraisers conveniently to your home. He prepares the important independent expert opinion
- Your complete claims are covered by Specialised teams of lawyers calculated with our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You will be kept up to date on all regulatory progress via our innovative HIS (customer information system).
We can't undo your accident. But we will make the best of it for you, we promise!
FAQ
Who pays compensation for loss of use?
The costs of compensation are borne by the insurance company of the person responsible for the accident and are part of the benefits package to which accident victims are entitled during the claims settlement process.
How long compensation for loss of use after an accident?
The compensation for the use of a car is paid for the duration of the repair of your own vehicle after an accident that was not your fault. And for as long as it takes. However, an obligation to minimise damage applies here, so you must endeavour to keep the repair time as short as possible. In addition, you can also receive compensation in the event of a total loss if your car is no longer repairable.
How high is the compensation for loss of use?
The amount of compensation is based on the loss of use table, also known as the Schwacke list. This determines which loss of use is assumed based on criteria such as the vehicle model and its year of manufacture. Depending on the car, this is between 23 euros and 175 euros per day. Payment is made for the duration of the repair or replacement.
Who is entitled to compensation for loss of use?
If you are involved in an accident through no fault of your own, you have the option of claiming compensation for loss of use of your car for the duration of the repairs. This applies if you are dependent on your car and are able to drive it. However, you will have to choose between a hire car and compensation. Both types of compensation are not possible. The compensation also applies if you have to buy a new vehicle after a total loss.
