Frankfurt/Main (dpa/lhe) – As great as the driving pleasure behind the wheel of a sports car may be – in the event of repairs, the driver can also be expected to drive a station wagon. The Frankfurt Higher Regional Court (OLG) came to this decision and rejected the claim for compensation for loss of use. After the sports car was damaged in an accident, it was reasonable for the plaintiff to use the station wagon for city and office trips, according to the decision published on Monday. The associated restriction of driving pleasure represents immaterial damage and is therefore not subject to compensation. (Az. 11 U 7/21)
The plaintiff, who also owns four other vehicles, pointed out that two of the vehicles were used by family members and another was specially equipped for racing and was therefore out of the question. The station wagon is too bulky for city traffic and is only used by the whole family as a transport and holiday vehicle. The regional court had previously rejected compensation for loss of use. The right to this does not apply if the use of a second car is possible and reasonable. The decision cannot be appealed.
