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The Local Court of Leipzig recently had to deal with another cross-border case. The Romanian case was judged on 19.12.2024 with the file number 101 C 5436/23. The perpetrator is a Romanian citizen - his vehicle is registered and insured in Romania.

The injured party therefore claimed his loss from his insurer. In particular, the time taken for the Romanian insurer to get in touch regarding compensation raises questions. As the district court explained, this waiting period is the responsibility of the tortfeasor. However, a further prerequisite is that the financial possibilities of the injured party are limited. When this is the case is left open here.

The court draws a comparison with car hire costs. The question arises as to why the injured party would incur the costs for the hire car, because repair costs should actually be avoided. However, especially when waiting for a possible commitment for repair costs, the argument that one expects an immediate commitment or cancellation is valid. This would lead to less onerous car hire costs and the possibility of being able to change one's mind after all. This is no longer possible once a repair has been started.

The Local Court of Leipzig therefore came to the conclusion that the loss of use of, in this specific case, 44 days is to be compensated if the injured party had to wait that long to be notified by the insurer of the damaging party.

Source: Pixabay/ buildings-4011921_1280