Entitlement to the transfer of the vehicle no-claims bonus according to § 1353 of the German Civil Code (BGB)
I have been married for 11 years - employed in the public sector, my wife is employed in the industry. On 24.11.1997, my wife's previous vehicle (which was insured back then through her mother with another company SF 6 60% - because she only got her driver's license in March 1989) was replaced by a new car, which is now insured through me due to more favorable conditions from my profession (public sector & home tariff). In the past years, I already had another contract which had accumulated SF 9 - 45% no claims bonus years before I met my wife. A discount transfer TB28 from my wife's parents' contract did not take place. The marriage has lasted for 11 years. At the end of 2008, my wife moves out of our shared household. She takes the second vehicle currently running on this contract with her and registers it in her name on 01.01.2009. Now she demands all the discounts on this contract (SF 20 in liability insurance, SF 16 in comprehensive insurance), including the no claims years before marriage and before she could have earned the discounts herself. These discounts were acquired 100% by me with previous vehicles.
Furthermore, it should be noted that the second vehicle was only used by the wife for "shopping" and "taking children to school" within the town. The wife did not undertake any other trips alone. In the case of holiday trips, excursions, etc. that were exclusively done with me in the last few years - as my wife lost interest in the family and instead found new "friends" on contact forums online - I drove the vehicle (traditional role distribution; when both are in the car, the man drives). Thus, the majority of the usage - mileage is around 80%-90% by me. My wife never exclusively used our family vehicle. It was usually "large family vans" for a family with 3 children (Toyota Avensis, VW Sharan) with which the family was mobile. During this time, I professionally drove a 2-seater van (VW Caddy). This also shows that the family vehicle - the contract on which the second vehicle was running was not exclusively driven by my wife for a long time. Therefore, it was not just formal reasons that spoke for the insurance through the husband, but also his more favorable insurance option through the public sector and the predominant usage (mileage) by him.
My wife claims that there is a BGH ruling that allows her to transfer the discount. Is that correct? Do I have to transfer no claims bonuses - and if so, how many?
THANK YOU!
