A new car not only has a very specific smell, but also triggers a deep sense of satisfaction in many people. This makes it all the more annoying when the newly purchased car is involved in an accident after a short time. Many new car owners then ask themselves whether they are entitled to a new car to replace the defective new car after an accident that was not their fault. After all, the car has hardly been driven and is unreasonable for many as an accident car. But what exactly are your rights here? We explain it to you.
Accident with a new car - not just annoying
For most Germans, owning a car is very important and has long been more than just a means of transport. Many not only use their car to express their love of motoring, but also use brands, models and equipment as a status symbol. New cars not only cost a lot of money, but are also customised to the driver's needs thanks to a choice of configurations and equipment. This makes it all the more annoying when the new car is involved in an accident through no fault of its own shortly after registration and suffers damage.
In addition to the annoyance of scratches, dents and damage, many owners are concerned with a much more important question: what about depreciation and who actually replaces the status of the new car? Because even if a vehicle is only a few days, weeks or months old - after an accident, the vehicle counts as an accident vehicle and loses a lot of value. This is noticeable at the latest when reselling. But the feeling of driving an accident-damaged car instead of a new one is also a sour feeling for many car enthusiasts. But are you entitled to a new car after an accident?
Accident victims in your situation simply get the best support from fairforce.one.
Who is entitled to a new car after an accident?
Even though many new car drivers have a great desire to receive a new car as a replacement after an accident, they are only entitled to this compensation under certain conditions. This is because case law has defined certain criteria for this case, which drivers and insurance companies can invoke. This can mean that after an accident there is a desire for a new car, but the insurance company may refuse it. But when is a car actually considered a new car and when can drivers receive a new car?
A car is considered new if:
- the vehicle was registered less than one month ago
- the mileage is less than 1,000 kilometres
- there is considerable damage due to the accident
- you actually buy a new car after the accident
While criteria such as the date of registration and the speedometer reading are clear reference points, the aspect of "significant damage" repeatedly leads to disputes. This is because there is no clear definition for this, which means that insurance companies may set different standards than drivers and experts. However, there are now a number of court judgements that stipulate, for example, that significant damage always exists if even a repair cannot come close to restoring the previous addition. For example, if safety-relevant components have been damaged or welding work has to be carried out on load-bearing components. In the case of particularly serious damage, a claim for a new car may still be possible up to a mileage of 3,000 kilometres. The principle of reasonableness applies here. This means that drivers are only entitled to a new car after an accident that was not their fault if it would be unreasonable for them to continue driving the repaired accident vehicle.
If the insurance company agrees to replace the new car, it is also important that you buy a new car. It is not possible to have the damaged car repaired and continue driving it and at the same time collect the money for a new car in order to go on holiday. You must therefore also invest the amount you receive for your defective vehicle in a new car and may not use the money for any other purpose.
Who has to prove a significant reduction in value for new cars?
In principle, the owner of the new car has the burden of proof when it comes to making a claim for significant damage. Expert reports that prove the damage and the associated reduction in value are usually helpful for this. However, despite an expert opinion, the insurance company may refuse to recognise the significant damage as such. In this case, often only a lawyer can help. To avoid such disputes and at the same time secure your claims, it is advisable to work with traffic law experts from the outset. They will ensure that your new car remains a new car.
We help you right from the start and take over the settlement with the opposing insurance company.
Don't risk any reductions from the other party's insurance company - have your accident free of charge and without obligation by our regulation specialists.
When no new car after accident?
The criteria for compensation in the amount of the replacement value after a no-fault accident are very strict. As a result, many drivers with a new car often lose out after an accident. For example, if there is no significant damage or the car was registered more than a month ago. In this case, accident victims can assert the regular claims following an accident. For example, that the insurance company of the person responsible for the accident pays the usual costs for repairs, a Rental carwhich Compensation for loss of use and others Benefits to which you are entitled paid. Which additional depreciation is compensated depends on the individual case.
This is annoying for many car owners, but is in line with the principle of reasonableness. Both for the insurance company and its claims settlement and for the driver, who can be reasonably expected to continue driving a car after minor repairs.
New car vs. compensation for new value
The entitlement to a new car after an accident should not be confused with the new value compensation or new price compensation. As a rule, this only applies to comprehensive insurance policies and applies to self-inflicted accidents. On the other hand, there is no general compensation for new value in third-party liability insurance.
Comprehensive insurance in particular can also be a kind of new car insurance. Namely, if the insurance pays compensation for the value of a new car after an accident and thus enables the purchase of a new car. This is often the case if the vehicle is a total loss after an accident or was stolen shortly after purchase. However the insurances determines the exact conditions for new price compensation. There are no legal requirements for this.
Accident victims in your situation simply get the best support from fairforce.one.
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Accident with red licence plate
The so-called red licence plates are sometimes seen in road traffic and are subject to strict rules. The colloquial name "transfer licence plate" is misleading. Although the licence plates are used to bring purchased vehicles to the customer, they may only be used by certain dealers. Private individuals, on the other hand, are not allowed to use them to drive their car from A to B. Not even from the dealer to their home or from there to the registration office. This is why it is not insignificant when drivers with a red licence plate get into an accident. If the red licence plate is properly used by the dealer, the dealer is also legally insured. So if a dealer causes an accident with a car with a red licence plate and damages your car, the damage will be covered by the relevant insurance company as normal.
If the dealer gets into an accident with a car with a red licence plate through no fault of his own - for example when transferring it to the customer or driving it to the registration office - the insurance company of the person responsible for the accident covers all costs. However, as these are often new cars, an accident is particularly annoying. The dealer suffers a considerable loss in value, as the car involved in the accident is suddenly no longer a new car. It can therefore neither be sold as a new car nor handed over as such to the customer, who may have already paid for the car. This reduction in value is usually also compensated by the other party's insurance company, so that a new car can be procured. Any other claims, such as for the waiting time now incurred by the customers of the dealer involved in the accident, are charged separately.
The right steps for fair claims settlement
Do you want to know what claims you are entitled to after your new car accident? Our network of specialists will carry out the complete examination and settlement of the claim for you.
The secure procedure at a glance:
- You can report the accident to us securely and free of charge by phone on 0800 30 111 60 or even faster directly online.
- Our certified team will review your case immediately and discuss the appropriate next steps with you.
- Claims settlement is initiated and you are kept informed of any progress via our innovative customer information system KIS.
The licensed specialists from the fairforce.one network take care of the necessary correspondence and accompany you personally until your compensation claims are paid out - experienced, solution-orientated and without any cost risk for you.
FAQ about the new car after an accident
When can I claim a new car after an accident?
Anyone who gets into an accident with a new car through no fault of their own can, under certain conditions, claim a new car from the other party's insurance company. This is usually possible if the car was registered less than a month ago and has been driven less than 1,000 kilometres. In addition, there must be significant damage that makes it unreasonable to continue using the car as a new one. If these criteria are met, accident victims may be able to buy a new car at the insurance company's expense.
How long compensation for new value?
Compensation for new value is often part of fully comprehensive insurance and applies in the event of accidents caused by the driver. However, there are no fixed criteria as to when the insurance companies will pay compensation. Details can be found in the policy conditions.
What is new price compensation for motor vehicle insurance?
The new price compensation is usually paid by the comprehensive insurance and is often part of comprehensive insurance contracts. In the case of new cars that have only been registered for a short time and have only driven a few kilometres, the insurance company may pay for a new car instead of having repairs carried out.
When is an accident-damaged car considered a new car?
In the event of a no-fault accident, a car is generally considered a new car if it was registered less than a month ago and the car has been driven less than 1,000 kilometres. However, whether the insurance company of the person responsible for the accident pays for a new car also depends on the damage and the reasonableness of the damage.
Can the insurance company refuse to pay for a new car?
Whether you are entitled to a new car after an accident depends on various criteria. However, even if your vehicle fulfils these criteria, the insurance company may refuse to settle for a new car. For example, if it does not consider the damage to be significant. Often only the courts can decide here. So that you don't have to argue with the insurance company, we help you assert your rights right from the start. Get in touch with us.
