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When do demurrage charges apply after a car accident?

July 22, 2022

Your vehicle is not roadworthy and on foreign ground parked (workshop, tow truck)?

Now are premises of garages or tow trucks No parking spaces - what does that mean?

UNFALLNAVI

When do demurrage charges apply after a car accident?

Your vehicle is not roadworthy and on foreign ground parked (workshop, tow truck)?

Now are premises of garages or tow trucks No parking spaces - what does that mean?

Workshops or tow trucks may So-called stand fees or also Parking fees called. Depending on the workshop/towing company, different daily rates are charged (mostly between 8 € and 16 €, depending on whether the vehicle is parked outside or inside).

In principle, these costs must be covered by the motor vehicle liability insurance of the party responsible for the accident.

However, the injured party is obliged to mitigate the damage, which means that he must minimize the damage to be compensated by the tortfeasor (so-called duty to mitigate damages, § 254 (2) BGB).

What does this mean for the stand fees? The vehicle may not longer than necessary be parked on someone else's ground - otherwise the insurance company will not reimburse the further stand fees.

Means in the Practice:

If your vehicle has a so-called economic total loss (the replacement is cheaper than the repair of the vehicle), the insurance regularly reimburses only the demurrage until the day on which (usually by the completion of the damage appraisal by your expert) becomes knownthat the vehicle is an economic total loss. If you then decide to sell the vehicle for the residual value, the vehicle is regularly picked up on site by the buyer. Also for the Period, which the Collection of the vehicle claimed by the buyer, the insurance company must generally reimburse the stall fees (if there is no culpable delay for which you may be responsible). But CautionEven if you run the risk of "sitting on" a part of the parking fees, you should never sell your vehicle before the first feedback from the insurance company. It may happen that the insurance company raises objections to the liability or wants to inspect the vehicle. Then you are entitled to the vehicle as "Proof" no longer available.

If your vehicle has a so-called repair damage (the repair of the vehicle is more cost-effective than the replacement) exists, the insurance company is generally obligated to reimburse demurrage until the repair is completed. InterestingIf you are not responsible for delays (e.g. long waiting time for a certain spare part), the insurance company must also reimburse the associated additional demurrage charges.

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