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Classic car accident: Who is really entitled to a branded workshop?
Karlsruhe: Court ruling strengthens the rights of those injured in classic car repair claims against insurance companies.
Classic car accident: Who is really entitled to a branded workshop?
Disputes always arise when it comes to where and under what conditions a damaged vehicle can be repaired. A current case before the Dortmund Regional Court sheds light on the often controversial question of the choice of workshop for injured parties.
An incident with high waves
The focus is on an accident that occurred between two cars, resulting in significant damage to a vintage Porsche. The accident happened when a driver reversed onto the road and crashed into the already stationary classic car. This situation was complicated by a hedge and rubbish bins which restricted the driver's view. The owner of the Porsche now demanded compensation from the opposing insurance company, which, however, was only prepared to pay partially. Their argument: The high repair costs in the brand-affiliated workshop would violate the obligation to mitigate damage, as cheaper options are available in independent workshops. This was detailed by ka-news.de reported.
The judgment and associated guidelines
The court found that the operational risk of the stationary Porsche not only outweighed the breach of care by the reversing 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 meet the standards of a brand workshop. This was confirmed by an expert who confirmed the quality of the repair in the independent workshop. The legal basis for this comes from a guiding principle that states that injured parties cannot be referred to cheaper reference workshops if they cannot offer the same quality as, for example, a brand workshop ra-kotz.de.
The decision of the Dortmund Regional Court is in line with the fundamental rulings of the Federal Court of Justice (BGH), according to which injured parties have the right to claim the full amount of repair costs even if the person who caused the accident objects that these are excessive. This regulation applies because the repair costs lie within the injured party's sphere of influence that cannot be controlled. Injured parties do not have to worry about having to pay potentially excessive bills haufe.de.
Overall conclusion
This dispute over the Porsche clearly shows how complex the issue of repair costs and choice of workshop is in traffic accident law. Victims have the right to a repair in a suitable workshop without having to deal with questions about cost-effectiveness, as long as the quality of the work is guaranteed. The legal framework seems to be aimed at protecting the injured party as completely as possible and minimizing any uncertainties in the process. It remains to be seen how similar cases will develop in the future.