Which is better - loss of use or a rental car after a traffic accident?
Find out what are the specific requirements for asserting the loss of use or of car hire costs after a traffic accident.
If you have sustained a (non-culpable) traffic accident and your vehicle is no longer usable as a result of a repair or (total) damage, you are entitled to the replacement of rental car costs. However, if you do not need a rental car, you can claim the so-called loss of use from your opponent.
This is an alternative to replacing the rental car costs. Depending on the class of your car, you will receive a certain amount that has to be paid daily. It should be noted, however, that loss of use can only be asserted in the event of actual failure. This means that a claim is eliminated, should you, for example, have another car at your leisure and use it.
What are the specific requirements for claiming compensation for loss of use?
The following three conditions must be present together:
1. usage possibilities
So theoretically you have to be able to actually use a car. However, this can be impossible due to injuries. But even if you are no longer able to drive a car yourself because of your injuries, that does not mean that you are not entitled to compensation for loss of usability. Because it is also sufficient proof that the accident vehicle is used by family members or close friends / acquaintances in the context of an agreement equally regularly.
2. use will
You need a willingness to use. This is usually not a problem and is usually subordinated even by a general life experience of the court.
3. Loss mitigation
Despite your claim to a rental car or compensation for loss of use, you are required to keep your claims against the accident opponent as low as possible. This means that you arrange for a necessary repair as soon as possible. However, since it is not always clear whether a vehicle is now being repaired, sold or used unrepaired, the case law grants a transfer period of a few days. Within these days, you need to be aware of whether you have the accident vehicle repaired or how you want to proceed with it. It is therefore not possible to make the decision, for example, only in 3-4 weeks after receipt of the report in order to obtain the highest possible compensation for loss of use. Then you violate your loss mitigation obligation and possibly lose time and money.
The matter becomes critical even if, for example, you can not pay for a repair or a new purchase from your own funds. But then you are not defenseless. This includes, for example, the message to the opposing insurance with the request of an advance for the purchase of a new vehicle or repair of the damaged vehicle.
If you want to claim a rental car or a loss of use, please contact us. We help you enforce your claims.
By the way, did you know that the cost of engaging a lawyer after a traffic accident is often borne by the enemy? Just contact us for free and without obligation. We can tell you as soon as possible if this applies to you as well.
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