damage from an accident
January 18, 2010 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My car was parked and was damaged by a moving car. The driver admitted fault, which is not in dispute. According to the vehicle manufacturer (authorized workshop), the damage amounts to 1038.36 net + VAT 197.29 = total 1235.65. The insurance of the other party involved in the accident commissioned an appraiser, who determined the following:
Repair costs 674.00 + VAT = total 802.06.
Subsequently deducted:
Deduction NFA/WV net 200.00, gross 238.00,
Repair costs after deduction net 407.75, gross 485.22.
Therefore, the insurance company only wants to pay 407.75 net. The VAT will not be refunded, as I am a business owner. I am aware of this. The appraisal from the other party's insurance also notes that there were previous damages (rear bumper left extensively spackled/repaired, unrepaired previous damages: dent on right side panel, paint damage on rear bumper right). The replacement value was determined to be Euro 3,300.00 on a tax-neutral basis. The vehicle is a 1998 model with 102,000 kilometers. In the assessment it says: repairable. The roadworthiness of the vehicle was confirmed. The salvage value was not determined.
Questions:
1.) What can I demand from the insurance company if I choose not to repair the vehicle?
2.) What can I demand if I decide to repair the vehicle?
3.) What does deduction NFA/WV mean and is the deduction permissible?
4.) Is the deduction for previous damages permissible?
5.) Is the determined damage amount by the manufacturer's authorized workshop binding for the insurance company?
6.) Can I demand costs for a rental car - in case of a repair order - with a repair duration of 1 day (according to the appraisal)?
Dear inquirer,
Thank you for your inquiry.
I would like to address your questions as follows:
1.) What can I demand from the insurance if I do not repair the vehicle?
If you choose not to repair the vehicle, you can request compensation based on the assessment, which means a monetary payment equivalent to the repair costs excluding VAT.
2.) What can I demand if I repair the vehicle?
If you decide to repair the vehicle, you can claim the repair costs minus the VAT, as you can recover the VAT through input tax deduction.
3.) What does deduction NFA/WV mean and is it permissible?
Literally translated, this means "deduction new for old" and is legally permissible as one of the basic principles of German tort law. It implies that a deduction from your damages is necessary because repairing a used vehicle may result in an increase in value compared to its previous condition.
4.) Is the deduction for pre-damage permissible?
This is generally permissible, as repairing pre-damage can also lead to an increase in value compared to the original condition, similar to the deduction new-for-old.
5.) Is the calculated damage amount from the manufacturer's authorized workshop binding for the insurance?
This depends on the insurance terms and conditions. In general, it is likely to be considered binding.
6.) Can I claim costs for a rental car in case of a repair lasting 1 day (according to the assessment)?
If the repair duration is a full day, you can either rent a car for this period and bill the insurance, or claim loss of use for that day from the insurance.
I hope this information has been helpful. Feel free to contact me through the portal or via email for further clarification.
Please note that my legal advice is based solely on the information provided by you. It is only a preliminary legal assessment and does not replace a comprehensive evaluation of the situation. Providing additional information or omitting relevant details may lead to a completely different legal assessment.
Wishing you a pleasant Monday afternoon and a successful start to the week!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
