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Loss of use for extending the period of repair due to impossibility of interim financing by the injured

1.Wird in an accident, the private vehicle used by the injured so badly damaged that he can no longer use the vehicle, he is a loss of use . pay

2.Can the victim to repair itself and not at first, reaches the insurance of the enemy despite Kennntnis thereof not from the amount, the claimant is entitled to claim for loss of use of the deferral period.

the reasons: ... Contrary to the defendant himself, the applicant must be a violation of her duty to mitigate damages pursuant apt. § 254 BGB not keep against. It must not be to point out that it did not sufficiently tried, foreign funds to take advantage. For a duty to take the injured to the injury elimination is a loan, grds. not. Accordingly, there is the risk of injury when he meets a financially weak victim ...


AG Magdeburg, 21.01.2009, 140 C 24569/08
140