Every year, around 3.6 million new cars are purchased in Germany, with an average purchase price of €33,600. This makes it all the more annoying when the newly purchased car is involved in an accident. This is because the value of the vehicle is considerably reduced even after a professional repair - because it now bears the stamp "accident vehicle".
In this guide, we explain what claims you have after a new car accident and when you are entitled to a new car of the same value.
- 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 faire-Regulierung 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.
If the main inspection is more than two months late, the test centres often charge 20 percent more for the inspection. This is justified by the additional work involved.
TipIf you are still driving a new car, your first general inspection is only due after 36 months instead of the usual two years.
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 faire-Regulierung.de. 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 in fact possible to make a claim against the other party's comprehensive insurance for a new car replacement in the event of a total loss caused by an accident with the 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.
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 report 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 faire-Regulierung. 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.
Steps towards fair claims settlement
Have you had an accident with your new car? We can help you. Our network of specialists will handle the entire claims process with all insurance companies and can help you with everything from independent experts to tried-and-tested, reliable specialist garages with an uncomplicated replacement car service.
The smart process at a glance:
- Simply report the accident to us by telephone on 0800 30 111 60 or even faster hier online.
- Our network of specialists will examine your case immediately and discuss the best course of action with you personally.
- Claims settlement is handled for you in the background. You simply receive all information and documents on your smartphone in real time and are quickly mobile again.
Our network of exclusively licensed specialists examines up to 16 types of claim for you for each liability case. Thanks to our many years of in-depth expertise and state-of-the-art technology, we are able to pay accident victims an average of €420 more than conventional settlement methods (direct call to the insurance company or garage).
