An accident involving a new car is particularly annoying because the vehicle loses its „new car status“ despite repairs and there is almost always a noticeable reduction in value. In the event of a no-fault accident, the opposing party's liability must therefore not only pay the repair costs, but usually also compensate for the reduction in value and other accident-related claims. A genuine claim for replacement of a new vehicle can only be considered in very limited exceptional cases - typically with very low mileage and a short registration period.
- An accident involving a new car differs from an accident involving a used car in that an accident involving a new car always results in a considerable reduction in the value of the car.
- After a new car accident, you are often entitled to further claims in addition to the reduction in value and the repair costs, which you should have checked
- You may only be entitled to a new car if the vehicle involved in the accident was registered for less than one month and you have driven less than 1,000 kilometres with it since you bought it.
- As an insurance-independent network of specialists, we at fairforce.one are at your side for all questions relating to your road accident.
What is the difference between an accident involving a new car and an accident involving a used car?
In short, an accident involving a new car results in a significant reduction in the value of the vehicle. Depreciation is the reduction in the value of the vehicle. Although this is usually covered together with the repair costs by the insurance company of the person responsible for the accident, the new car is then no longer "new", but a repaired accident vehicle. This is particularly annoying in the case of a new car, as the vehicle owner has only recently made a conscious decision in favour of a new car and now owns an accident-damaged vehicle.
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What compensation am I entitled to in the event of a new car accident caused by a third party?
If two vehicles collide with each other, this usually results in damage that leads to a reduction in value after the accident. This reduction in value must now be compensated as accident damage.
The party responsible for the accident - or their liability insurance - must pay for the reduction in value as well as the repair costs and any other claims.
We will be happy to show you what additional claims you may be entitled to after a car accident that was not your fault. You can report your claim absolutely free of charge and without risk at fairforce.one. Our traffic law experts will give you an overview of your possible claims for compensation within a very short time.
Am I entitled to a new car as a replacement after an accident?
Many new car owners ask themselves whether they are entitled to a new car after an accident involving a new car. Normally, the opposing party's insurance company is only obliged to pay the repair costs and compensation for the resulting reduction in value.
However, it is actually possible to make a claim against the other party's fully comprehensive insurance for a total loss caused by an accident with a new car. However, if the damage to the vehicle can be repaired, the insurance company will generally only reimburse the repair costs. In addition, you are entitled to payment of the reduction in value.
You are only entitled to a new car if it would be unreasonable to expect you to use a repaired vehicle. The reason for unreasonableness is that the defect in the accident vehicle cannot be remedied by a repair. To do this, the accident report must first and foremost establish significant damage. However, according to a recent judgement by the Federal Court of Justice, certain criteria must be met, which we explain in more detail below.
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What are the criteria for settlement on a new car basis in the event of a no-fault accident?
In addition to the requirement of unreasonableness, the Federal Court of Justice confirmed certain criteria in its judgement of 29 September 2020 with the file number VI ZR 271/19 as to when a new vehicle must be reimbursed after an accident with a new car:
- Mileage at the time of the accident is less than 1,000 km
- a vehicle registration has existed for a maximum of one month
- considerable material damage has been caused
- Injured party actually buys a comparable new car with the money from the compensation payment after the accident
The criterion of significant damage in particular repeatedly causes legal problems in accident settlements, as there is no clear definition for this. However, the aspect of reasonableness is decisive. If, for example, welding work has been carried out on load-bearing vehicle parts in order to repair the damage, the vehicle owner can no longer be expected to continue using the repaired vehicle. However, courts disagree as to when a vehicle is to be categorised as significantly damaged according to traffic law.
In principle, the injured party has the burden of proof. In this case, motor vehicle appraisals prepared by an independent expert are of considerable importance and of great benefit to you. The expert opinion documents for you whether the new car has suffered a significant reduction in value as a result of the accident. The enforcement of the reduction in value determined by the expert then belongs in the hands of a specialised legal service provider such as fairforce.one. If all of the above conditions are met in a new car accident, insurers speak of a claim for compensation on a new car basis.
ATTENTION:
The injured party only has this claim if he actually buys a new car. A fictitious settlement on the basis of a new car is not possible.
The right steps for fair claims settlement
Have you been involved in an accident through no fault of your own? 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 an expert to come to your home. He will prepare the important independent expert opinion
- Your full claims are calculated by specialised teams of lawyers using 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).
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Frequently asked questions about accidents with new cars
What claims do I have after a new car accident through no fault of my own?
As a rule, you are entitled to repair costs and compensation for the reduction in value. Depending on the case, other items may be added (e.g. loss of use, hire car, towing costs, expert costs).
Why is there almost always a reduction in value for new cars?
Because the car is legally and economically considered an „accident vehicle“ after the accident - even if it has been professionally repaired. This lowers the resale value, and the person responsible for the accident or their insurance company must compensate for this difference.
Am I entitled to a completely new car as a replacement?
Only in exceptional cases. A new car replacement is typically only considered if the vehicle has been registered for less than 1 month, has travelled less than 1,000 km and there is significant damage so that a repaired vehicle would be unreasonable.
Do I really have to buy a new car to get the new car replacement?
Yes, a settlement „on a new car basis“ is only possible if you actually purchase a comparable new car. A fictitious payment without a new purchase is not usually possible.
