Thomas Kußbach Der Unfallersatztarif im Schadensrecht

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Every year, around three million road accidents are settled by motor third party liability insurers in Germany, involving a claims volume of around 15 billion euros. This makes the settlement of claims in road traffic an everyday mass phenomenon.

The existence of so-called accident replacement tariffs leads to legal uncertainty when the injured party hires a replacement vehicle to bridge the repair period or until a new replacement car is purchased, as their reimbursability has always been disputed and controversial.

This dissertation deals with the topic of accident compensation tariffs in the context of the settlement of road accidents. In this thesis, the various approaches to solving the problem of setting an accident compensation tariff are analysed in detail, taking into account the case law of the Federal Court of Justice. The approaches are critically examined and then channelled.

This study first analyses the existing tariff structure on the car rental market. Based on this, the factors that influence car hire costs are identified. In addition, the legal framework for car hire and the definition of special rates are presented. A further focus is the analysis of existing case law on the reimbursability of accident compensation tariffs, both in ist details and in ist development. Finally, alternative solutions are discussed which could contribute to an easier handling of this mass phenomenon.