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Home / Guides / Loss of use & hire cars
Guide · Replacement mobility

Loss of use and hire cars.

When your vehicle sits in the workshop after a collision that was not your fault, you lose something measurable: the ability to use it. That loss is to be compensated in money – for every single day, even if you never hire a car at all.

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The entitlement

Money for days without a car.

German case law recognises the constant availability of a vehicle as an asset in its own right. When that falls away, a recoverable loss arises – regardless of whether you hire a replacement or bridge the time some other way.

So you have a choice: a hire car at the other side's expense or loss of use compensation in cash. You cannot have both. Anyone who bridges the gap with a second car, a bicycle or the bus is often better off taking the compensation.

In both cases it is a precondition that you would actually have wanted and been able to use the vehicle – anyone who was away on holiday or ill during the period in question has suffered no loss of use.

A daily rate by vehicle group

The amount follows the Sanden/Danner/Küppersbusch table. Depending on the vehicle the range runs from roughly €23 to over €175 per day.

Duration from the report

What counts is the repair or replacement period stated in the report, plus a reasonable period for you to consider your options.

A lower group for age

Older vehicles are usually placed one or two groups lower. That too belongs in the report, properly reasoned.

Calculation

What the total is made up of.

The amount is not the result of negotiation but the product of the daily rate and the length of the outage – and both have to be evidenced.

That is exactly where the leverage lies: without a report there is no reliable outage period. Insurers are then inclined to apply a flatly shortened period, and the claim shrinks by several hundred euros without anyone noticing.

  • The repair period in working days according to the calculation
  • The replacement period in a total loss, usually ten to fourteen days
  • A period to consider, normally two to three days after receiving the report
  • Waiting time for parts, where documented
  • Placing the vehicle in the correct group
  • Deductions for age and mileage
per dayA daily rate by vehicle group
Hire cars

When a hire car is genuinely worthwhile.

A hire car makes sense where you depend on a vehicle for work or have no alternative. Watch two points here: hire one class below your own vehicle, otherwise a deduction for saved running costs falls due. And avoid overpriced accident replacement tariffs – only the normal local rate is reimbursed.

Anyone driving less than about twenty kilometres a day frequently gets no hire car costs reimbursed at all; the case law then points to a taxi or to loss of use compensation.

In practice many clients do better with the compensation: it is tax free, it creates no paperwork and it is paid out directly.

Frequently asked questions

Briefly answered.

Do I get loss of use compensation when settling notionally?
Yes, provided you genuinely could not use the vehicle – because it was not roadworthy, for instance. Where the car is driveable and you carry on using it, no loss arises.
What if there is a second car in the household?
Where an equivalent second car is freely available, the claim regularly falls away. If the second car is considerably smaller or is being used by other family members, it can survive.
How far back can I claim?
Claims arising from a road traffic collision normally become time-barred three years after the end of the year in question. The documentation should nonetheless be made promptly.
Vehicle in the workshop?

We document your time off the road.

In the report we set out the repair period and the vehicle group so they can be followed – the basis for every euro of loss of use compensation.

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Location

How to find us.

Head office in Schramberg-Sulgen, branch office in Rottweil. For the damage inspection we come to you in any case – on site, at the workshop or at your home.

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Head office
Schwarzwald KFZ Gutachter
Sachverständigenbüro Deniz Selbes
Karl-Kolb-Straße 13
78713 Schramberg-Sulgen
Branch office
Rottweiler Straße 10
78628 Rottweil
Opening hours
Mon – Fri 6:00 am – 10:00 pm
Sat & Sun 6:00 am – 8:00 pm
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