| Liability loss |
| In the fact of a liability loss the causer of the accident is bound to substitute the claim, caused in an accident like §249 BGB, to the accident victim. The situation of the accident victim has to be like the situation without the accident. In the fact of a liability loss has to be changed the causer with his liability insurance. (§ 3 obligatory – insurance law) In the liability loss are assert claims for damages. From this has to be differed contractual pretensions from the own damage. |
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| Own damage |
| During an own damage claim, that was a self-inflicted accident the insurant has a claim for compensation in the accident – caused disadvantages. Here it is about exclusive contractually pretensions, that are strict to sort out from entitlements to damages. The amount of the indemnification acts in accordance with the conditions of insurance. (own damage conditions). As a rule the insurant has to pay a contribution. |
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| Total loss |
| Of a total loss is spoken, when the instauration of the damaged motor vehicle either isn’t possible (technical total loss) or it isn’t reasonable. (fake total loss) or it is uneconomic (economical total loss). The claim to instauration turns into token-money. A technical total loss is on hand while completely demolition of the motor vehicle or when a repair technical caused isn’t able. An economic total loss is on hand when a repair is gainless. A fake total loss is on hand when a repair is unreasonable to the claimant, although the sum of debasement and costs of repair is lower than the difference between replacement and salvage. |
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| Loss of use |
| The claimant who don’t rent a replacement vehicle, axiomatic has an entitlement to damages in terms of §249 (2) BGB for the privation in using his damaged car. The amount of the compensation for the loss of use determines in the length of repair. The concrete daily rate can seen out of the table of compensation for loss of use, p.e. “Sanden, Dannen, Küppersbusch” |
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| Current replacement value |
| Current replacement value is the value, which the claimant had to pay to a respectable tradesman before the accident. The motor vehicle assessor while the calculation of the current replacement value accounts for all value creating facts as well as the local market conditions. The current replacement value is the basis of calculation, if the claimant calculates on a basis of a total loss. |
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| Declining balance |
The definition of the residual value has been decided by the BGH on the 4th of June in 1993 and on the 30th of November in 1999. That means if the claimant may to exert the authority of refund based on §249 (2) BGB, he axiomatic can sell his car at a price, which is calculated by the freelance motor vehicle assessor, based on the general state of the market, assigned from the claimant.
The claimer needn’t to be referred to byres with higher prices for purchase. The declining balance is calculated by a freelance assessor based on concrete damage symptoms. |
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| Debasement (mercantile debased value) |
| The debased value is refundable losses based in that cars after an accident can generate a smaller proceed than cars without incurred losses. The debased value is shown seperately by a freelance assessor in the certificate. |