BGH decides: damages after traffic accidents re -regulated

BGH decides: damages after traffic accidents re -regulated

compensation after traffic accident: important BGH decision

As part of a recent judgment, the Federal Court of Justice (BGH) has established decisive rules regarding the impairment of vehicles after a car accident. This decision could have far -reaching effects on all traffic accident victims that were involved in an accident through no fault of their own.

The mercantile minor value: What does that mean?

The term "mercantile minor value" describes the loss of value of a car that is also left after professional repairs. Even if a vehicle has been properly repaired after an accident, it often bears a lower resale value due to its accident experience. The BGH decision now makes it clear how this low value is to be measured and is particularly concerned with the delimitation between net and gross sales values.

legal background and the specific case

In the specific case, it was about a lessee who claimed damages from the person who caused the accident after an accident. An expert who was involved found that the mercantile lower value was around 5000 euros. However, the insurance company only reimbursed 4200 euros, on the grounds that the sales tax share must be deducted. This led to the lessee filing a lawsuit, and the lower courts initially right.

The judgment of the BGH

The BGH, however, highlighted the decisions of the tartaries and found that an amount of the sales tax share must be deducted from the gross sales price for the mercantile lower value if it was used for estimate. In the case of the Lower Court (District Court of Coburg), it must now be clarified whether the estimate was actually made by the net or gross sales value.

What does this mean for the future?

The BGH's decision has the potential to standardize and simplify the damage to the damage after traffic accidents. Claims for damages could increasingly be decided on the basis of transparent and comprehensible criteria, which could benefit both damaged and insurers. This could strengthen confidence in the legal system and increase the traceability of decisions.