Porsche total loss: court forces insurance company to pay extra!

Porsche total loss: court forces insurance company to pay extra!

A tragic traffic accident resulted in the complete destruction of a Porsche 718 Boxster/Spyder. This high-performance sports car, owned by a car dealer, had a low mileage of just 5,000 kilometers at the time of the accident. After the incident, however, the opposing insurance company refused to settle the full damage. Their argument that car dealers receive discounts when purchasing vehicles, which must be deducted from the replacement value, caused heated discussions.

An independent appraiser estimated the market replacement value of the badly damaged Porsche at around 60,000 euros. Nevertheless, the insurance company only offered 42,000 euros, which was a significant difference. This situation led to the affected car dealer filing a lawsuit with the Landshut Regional Court to enforce payment of the full amount.

Court rules in favor of the plaintiff

On June 28, 2022, the regional court made a decisive judgment (ref.: 41 O 2185/21), which ruled in favor of the plaintiff. Although the court recognized that dealers can receive discounts on their vehicle purchases, it did not take these into account in the specific case. Special circumstances such as the low age of the vehicle, the low mileage and the high-quality equipment played a significant role in the verdict.

The appointed expert also found that it was unlikely that the car dealer could have purchased an adequate replacement vehicle on more favorable terms. This meant that the fair market replacement value of €60,084.03 remained. The regional court therefore obliged the insurance company to pay the outstanding damage amount of €18,020.21.

Relevance for other injured parties

This decision could have far-reaching implications for similar cases in which car dealers or other injured parties face loss settlement cuts. The insurance companies' argument that discounts for car dealers should be taken into account could potentially also be questioned in other processes. In view of the regional court's clear statement, it is essential for those affected to enforce their claims in court if necessary.

At a time when insurance companies often try to minimize claims, this case sends a significant message to anyone involved in a vehicle accident. It is worth examining the situation thoroughly and, if necessary, taking legal action to claim full compensation.

For more information on this topic, see the articles from anwalt.de and anwalt-leverkusen.de.