Other, what does it mean?
Specialist understandings made understandable.
Compulsory Insurance Act (PflVG) (§1) Every car owner residing in Germany is obligated to a so-called liability insurance for vehicles and / or their trailers which are used in the public traffic area. This also includes the coverage of personal injury, property or possible financial loss. Essentially, this applies to protection against claims for damages against third parties in the event of damage.
The foundation is formed by § 249 BGB:
1) Anyone who is obliged to pay damages must establish the condition that would exist if the obligation to replace it had not occurred at all.
2) If damages are to be paid for injury to a person or damage to a property, the creditor may demand the necessary amount of money instead of production. In case of damage to a thing, the amount of money required by sentence 1 includes VAT only if and to the extent that it has actually been incurred.
The compensation serves to restore the origin of the goods.
The law states that the injured party must not suffer any disadvantages, but no advantages.
The injured party has the obligation to prove the damage claims against the person causing the damage and his insurance amount. Furthermore, he has to secure evidence. He is therefore responsible for the burden of proof.
This is the basis for commissioning a vehicle expert.
A first important TIP!
After a damage occurrence NOT in the workshop to make cost estimates.
For the following reason
Quotation of the workshop
When a workshop develops a quote, it only lists the cost of the repair. There are no proofs secured!
A cost estimate is a document that has no evidence or stock in court.
Loss prevention duty
A duty of indemnity or loss mitigation is a term which obliges the injured party to minimize the damage according to his specifications and possibilities.
Registration and withdrawal costs (registration fees)
An expert will determine a total loss on your vehicle after the occurrence of the damage. If this is the case, the costs for the deregistration of the accident vehicle at the registration office must also be reimbursed, as well as the costs for registering a new vehicle. However, the insurance company is not obliged to pay for third party services such as for admission services. Within the scope of participation or reduction of damage the approval has to be carried out.
Tax information and replacement values
Basically, it can first be said that the age of a vehicle has an influence on the tax classification.
In the area of the vehicle we differentiate between three tax types:
Standard taxed vehicles (1 to 3 years old vehicles)
Differential taxed vehicles (§25a USTG) (4 to 7 years old vehicles)
Sterneutrale vehicles (i.d.Rule no VAT) (from about 7 years and older)
However, this information is only rough information that - depending on the vehicle and mileage, condition, especially ownership - can be classified differently)
A replacement value is the value an injured party must expend to acquire an equivalent vehicle in its class. All parameters such as mileage, ownership status, other damages, etc. are taken into account in such a determination of this replacement value (WBW for short).
The duration of the replacement is to be seen depending on the offer on the market, but usually similar vehicles can be procured within 14 calendar days.
This term should not be confused with the term repair time, which refers to working days and NOT to calendar days.
Deposits for Value Improvement
In accordance with the principle of § 249 BGB, the overall economic situation of the injured party must be restored before the loss event. There should be neither a disadvantage nor an advantage (enrichment) of the claimant. A deduction for value improvement in the case of liability on the entire vehicle and not to refer to the corresponding vehicle attachment.
It has to be examined to what extent an increase in value (enrichment of the claimant) of the vehicle as a whole could have occurred through the repair of the vehicle. Since an enrichment of the claimant in accordance with § 249 BGB is not permitted, this increase in value must be deducted by a corresponding lower value again. Deductions, with reference to individual vehicle parts, may only be made if these parts or areas already have a specific pre-damage (old damage) or if they have soon been renewed due to significant wear damage.The impairmentFirst of all, we differentiate in terms of so-called mercantile depreciation and technical impairment.
This means that the vehicle owner after successful completion of the repair is awarded a lower value because his vehicle has ever had an accident. This compensation for an accident-free vehicle in the event of a sale is called mercantile depreciation.
The amount of this impairment is determined by the expert depending on the damage intensity.Technical impairmentThe technical depreciation there is hardly any in today's time, at most in classic cars or exotic vehicles where no spare parts (sheets, attachments, etc.) would be more available or no longer producible.residual valuesThe residual value is a term that has nothing to do with the automobile.
In origin, this term comes from accounting and explains the asset after the expiration of the useful life of a good.In the case of a host. Total loss after a traffic accident or not rewarding repair, a vehicle for sale via so-called residual value exchanges can still achieve a value. The inability to repair and thus a total loss in a car is to be assumed, if the repair is to be regarded as economically meaningless due to the comparison between the replacement value and the necessary repair costs.The term loss of use compensationThis term comes into play when the injured party can claim a compensation for his / her vehicle - which has not been used - during the repair.
130% rule - 130% or the victim limit called
Normally, at the limit of 100% of the replacement value of a vehicle after a loss occurrence, the total economic loss occurs.But: The repairability of an accident vehicle can also be determined with the 130% rule. Legislators have created a possibility to repair a vehicle over this border.So it may well be that the repair costs for the damage incurred are higher than the replacement value of your vehicle immediately before the occurrence of damage.If you e.g. If you have a particular interest in having this vehicle repaired, you may have your vehicle repaired under certain conditions. The 130% rule states that the repair costs may be a maximum of 30% higher than the determined replacement value.Conditions for this: Further use of the vehicle for at least another 6 months - Repairs must be carried out correctly and professionally (the repair confirmation must be carried out by a car expert).
Rental or rental car
In order to claim a rental car from the opposing insurance company, you must prove that you are dependent on the vehicle and that your vehicle is used regularly. In such a case, the rental car costs are covered for the appropriate period of repair or until replacement.
Expenses for experts and lawyer
You have the right to an expert of your choice.
In the case of liability claims, every injured party has the right to select a free vehicle expert in order to be able to independently assess and secure damage.
The costs incurred must be borne by the insurance company, which is required to settle the claim, as part of the total loss. This is also regulated for the use of a lawyer.
You have the right to a lawyer of your choice.
These costs must also be borne by the opposing insurance. With an independent car expert and a competent lawyer you communicate with the opposing insurance at eye level. Incidentally, you save paperwork and enjoy a complete service.
Car insurance Are there any comparisons?
You can compare car insurance in price and performance.
There are a number of offers that you should use in advance. Details can be found on the Internet and various comparison portals or with the respective insurance.
What do I have to do if I want to register for a police car?
For the registration of a car you need a so-called EVB number. This is a seven-digit code that allows you to register a vehicle with the registration authority.
The code is used to determine and exchange the data for on and re-registration of a vehicle.
This code is usually available from your insurance company.
Furthermore, you will need an officially valid ID card, all vehicle documents, the application for admission and, if applicable, a registration authority with the original ID card if the vehicle is not to be registered on its own name.
For vehicles from other EU countries you need in any case, the so-called COC certificate from the manufacturer.
Of course you can contact us with any suggestions, wishes or help or inform here.
They have a concern and we have an open ear for questions of any kind, around the subject of vehicles.