Classic car accident: Court decides on choice of workshop in Dortmund

Classic car accident: Court decides on choice of workshop in Dortmund

A recent case before the Dortmund Regional Court sheds light on the rights of those injured in traffic accidents, particularly with regard to repairs in branded workshops. The incident involved a vintage Porsche car that was damaged during a reversing accident. The Porsche owner's claim for damages was only partially recognized by the opposing insurance company, with the argument that she violated the obligation to mitigate damages by insisting on a branded workshop.

The court ruled that the reversing driver's failure to exercise due care outweighed the operational risk of the stationary Porsche. The insurance company was authorized to point out a cheaper repair option in an independent specialist workshop. This decision is based on the principle that, although injured parties are generally allowed to cover the costs of a branded workshop, direct referral to cheaper specialist workshops is acceptable under certain conditions reports the Borkener Zeitung.

Repair claims and choice of workshop

The district court's findings prove that the quality of the repair in the independent workshop can be equivalent to the branded workshop, which was confirmed by an expert. However, repairs in an independent workshop may be considered unreasonable if the vehicle is not older than three years or if it has always been serviced in a brand-affiliated workshop. Here, however, the Porsche classic car was not protected by such a maintenance history, which influenced the court's decision explains the Voigt law firm.

Particularly relevant is the easy accessibility of the referral workshop location. Court rulings stipulate that a repair in a suggested independent workshop is reasonable if it is less than 20 km from the injured party's place of residence. In the case of the classic car, the independent workshop was less than 10 km from the injured party's home, which contributed to the court's decision. The court found that there was no particular interest in the integrity of the injured party that could justify repairs in a branded workshop.

Conclusion

The decision shows that a workshop commitment does not necessarily apply if the qualities of the repair are in competition. If injured parties want to claim the costs of the repairs, it is advisable to carefully check the quality of the proposed workshops and, if necessary, to hire a lawyer to take the complex legal framework into account.