OLG Oldenburg: Insurance must pay usage loss despite rental cars

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A current judgment of the Oldenburg Higher Regional Court caused a sensation: Drivers who are dependent on a usage loss compensation after an accident can be happy. This compensation is particularly important if your own vehicle cannot be used due to repairs. The case that led to this judgment shows how important it is to know the rights as a damage.

In the specific case, a driver was involved in a traffic accident through no fault of their own. The insurance took over liability for the damage 100 percent, but refused to pay the loss of use for the time of the repair - a total of 148 days. As a reason, the insurance company stated that it had already approved the costs for a rental car, which the injured party then returned voluntarily. But the Higher Regional Court made it clear that this argument was not sufficient to reduce the right to loss of use.

The dispute over compensation

The driver had got a rental car through the insurance after the accident, but was soon faced with challenges. The car he had rented was not suitable for his special needs. In addition, he was repeatedly pushed by the landlord to return the rental car. Finally, he found out about his rights and found that he could receive compensation for loss of use. He then returned the rental car.

In this case, it was important that the plaintiff was able to prove that he continued to rely on a vehicle and had to call relatives to help in the period of repair jams. The court found that the fact that he had returned the rental car did not mean that he did not do without compensation for the time without his own vehicle. The man had immediately taken care of a repair of his vehicle, which underpinned the proof of his will to use.

The importance of the judgment

The judgment of the OLG Oldenburg is of great importance for drivers, since it shows that there is a claim to usage loss compensation even if a damaged person returns a rental car in the meantime. The court confirmed that the resignation of a rental car cannot reduce the right to compensation. This decision could have far -reaching effects on similar future cases and ensures that insurers have to pay for the duration of the inconvenience that arise from accidents.

Overall, the judgment brings clarity to an area that is often controversial. Drivers should be aware of their rights and obligations, especially with regard to the compensation compensation that can be decisive in cases of vehicle failure. This could also create incentives for the injured party to better inform themselves about their possibilities in order to protect themselves effectively in the event of an accident.