Loss-of-Use Compensation: Money While Your Car Is Off the Road
If you cannot use your vehicle because of the accident and forgo a rental car, the other party's liability insurer owes you loss-of-use compensation – an item that is often underestimated.
Requirements
You need the intent to use the vehicle (you would have used it) and a hypothetical ability to use it (you would have been fit to drive). Compensation covers the period of the necessary repair or replacement – including the time needed to obtain the appraisal report and a reasonable period for deliberation.
How much is the compensation?
The daily rates depend on the vehicle class and are assessed using the Sanden/Danner/Küppersbusch table (a recognized reference table for loss-of-use rates in German traffic law) – currently mostly between 23 and 175 euros per day. A mid-range vehicle typically comes to 35–59 euros per day. For older vehicles, a downgrade by one or two classes may apply.
Is the repair taking longer than expected?
Delays you are not responsible for (workshop capacity, spare-part delivery times) are generally at the expense of the party at fault. Document the process – we also assert extended loss-of-use periods on your behalf.
Key court decisions
- BGH, Beschluss vom 09.07.1986 – GSZ 1/86
Landmark decision of the Grand Senate: the temporary loss of the ability to use a motor vehicle is a compensable financial loss – even without renting a replacement car. - BGH, Urteil vom 23.11.2004 – VI ZR 357/03
A claim for loss of use also exists for older, high-mileage vehicles; the daily rate may need to be adjusted by a downgrade in the table.
Had an accident? We will examine your claims.
We examine your claims and handle the complete settlement process with the insurer – in a no-fault accident, the other party's liability insurer as a rule bears the legal fees.
This article is for general information purposes only and does not replace individual legal advice. As of: July 2026. All decisions cited are publicly accessible (including at bundesgerichtshof.de).