Oldtimer accident: Who is really entitled to a brand workshop?
Oldtimer accident: Who is really entitled to a brand workshop?
Karlsruhe, Deutschland - Again and again there are clashes when it comes to where and on what conditions a damaged vehicle can be repaired. A current case before the Dortmund district court illuminates the often controversial question of the choice of workshop for damaged.
an incident with high waves
The focus is on an accident that occurred between two cars, with a Porsche classic car being significantly damaged. The accident happened when a driver drove backwards onto the street and crashed into the already standing classic cars. This Situation was made more difficult by a hedge and garbage cans, which restricted the driver's view. The owner of the Porsche now demanded compensation from the opposing insurance, which was only willing to partially pay. Your argument: The high repair costs in the brand -bound workshop would violate the obligation to reduce damage, since cheaper options in free workshops would be available. This was detailed by ka-news.de reported.The judgment and the associated guidelines
The court found that the operating danger of the standing Porsche not only steps down behind the diligent violation of the backward driving driver, but also decided that the insurance company could point out cheaper repair options. However, it is important that the quality of the workshop work must correspond to the standards of a brand workshop. This was confirmed by an expert who confirmed the quality of the repair in the free workshop. The legal basis for this results from a guiding principle that states that injured party cannot be referred to cheaper reference workshops if they cannot offer the same quality as in a brand workshop ra-kotz.de .
The decision of the Dortmund Regional Court is in accordance with the basic judgments of the Federal Court of Justice (BGH), according to which the victims have the right to request the repair costs in full even if the person who caused the accident obtains them as excessive. This regulation applies because the repair costs are within a non -controllable influence sphere of the injured party. The victims do not have to fear that they have to pay for exaggerated bills Haufe.de. .
total conclusion
This dispute around the Porsche impressively shows how complex the topic of repair costs and workshop choice is in traffic accident law. The victims have the right to repair in a suitable workshop without having to deal with questions about cost efficiency as long as the quality of the work is guaranteed. The legal framework seems to be targeted to protect the victim as completely as possible and to minimize any uncertainties in the process. It remains to be seen how similar cases will develop in the future.
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| Ort | Karlsruhe, Deutschland |
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