Technically reviewed by Maximilian Fromm, independent vehicle expert (B.Sc. in Mechatronics). Last updated: September 2026
Loss-of-use compensation (Nutzungsausfall) is typically between €23 and €175 per day, depending on the vehicle class. The liability insurance of the driver who caused the accident usually pays it. The estimate uses the loss-of-use table by vehicle group from Sanden/Danner/Küppersbusch, which is accepted in practice. The Federal Court of Justice (BGH) treats it as a permitted but not binding aid for estimates under § 287 ZPO (BGH, judgment of November 23, 2004, VI ZR 357/03, BGHZ 161, 151). Insurers like to use a flat rate of 14 days. What counts is the actual downtime. A guide is the repair time or the time needed to buy a replacement car that the report calculates, not a flat assumption by the insurer.
You did not cause the accident, or you caused it only in part. If you share part of the fault, your liability share (Haftungsquote) lowers the payment by the same percentage.
You wanted to use the vehicle during the downtime. For a private car, this intention is assumed.
You have a driver's license. You were not prevented from using the car for a longer time by a hospital stay, vacation or license suspension. If you are on sick leave because of the accident but still make trips needed for your recovery, your claim remains.
The loss must be noticeable. If another vehicle that you can reasonably use is available (for example an equivalent second car), the loss may not be noticeable. In this case, the BGH says the claim ends completely (VI ZR 35/22, October 11, 2022 and VI ZR 246/24, October 7, 2025). Differences in prestige or comfort do not mean you cannot reasonably use the other car.
The amount depends on the vehicle class. The basis is the loss-of-use table for cars by Sanden/Danner/Küppersbusch. It assigns vehicles to eleven groups from A to L (without the letter I). Daily rates range from €23 in group A to €175 in group L. The BGH allows courts to use the table as a guide under § 287 ZPO. Courts do not have to follow it. In practice, the table is also called the EurotaxSchwacke table¹. The Schwacke list for used car values is a separate publication. It does not apply to loss-of-use compensation. The ranges below combine the groups into four vehicle classes. They are a rough guide. The exact classification is made in the report.
| Vehicle class | Daily rate | Example vehicles |
|---|---|---|
| Micro and small cars | about €23 to €38 / day | VW Up, Smart, Fiat 500, VW Polo, Opel Corsa, Toyota Yaris, Renault Clio, Mazda 2, Skoda Fabia. |
| Compact and mid-size cars | about €38 to €65 / day | VW Golf, Audi A3, Ford Focus, Opel Astra, BMW 1 Series, Mercedes A-Class, VW Passat, Audi A4, BMW 3 Series, Mercedes C-Class. The classification depends on model, year and equipment. The report sets it for each vehicle. |
| Upper mid-size and luxury cars | about €65 to €119 / day | Audi A6, BMW 5 Series, Mercedes E-Class, Audi A8, BMW 7 Series, Mercedes S-Class, Range Rover, large SUVs (Q7, X5, Macan), Tesla Model Y / Model S. |
| Sports and special segment | about €119 to €175 / day | Porsche 911, Mercedes-AMG SL, BMW M5/M6/M8. For Ferrari, Lamborghini, Bentley and Rolls-Royce, no table group exists. Here the expert makes an individual estimate under § 287 ZPO (in practice €200 or more per day). |
Insurers like to use a flat rate of 14 days. This number is not in any law. It is a negotiating position and is often shorter than the time the car is really missing. If the repair or the purchase of a replacement car takes longer, the longer period counts, as long as the person whose car was damaged is not responsible for the delay. A guide is the duration calculated in the report. Other typical objections during claim settlement are explained on the page Reasons for reductions in claim settlement.
One call is enough. We document the damage and deliver the report as a solid basis. A lawyer of your choice handles the legal enforcement against the other party's insurer.
You call us or write on WhatsApp. In a short conversation, we explain the next steps.
We come to you or to the repair shop. An appointment is often possible on the same day or the next day.
We document the repair costs, diminished value (Wertminderung) and calculated downtime as a basis for loss-of-use compensation.
You receive the report. With it, your lawyer makes the claim against the other party's insurer.
In practice, the calculation is: daily rate of the vehicle group x eligible days of downtime x liability share of the other driver. The table by Sanden/Danner/Küppersbusch provides the daily rate. The days depend on the actual downtime. A guide is the repair time or replacement time calculated in the report. No calculation method is set by law. In a dispute, the court estimates the amount under § 287 ZPO.
| Calculation example (assumed values) | Calculation | Result |
|---|---|---|
| Repair, other driver fully liable | €50 x 12 days x 100% | €600.00 |
| Total loss, 25% shared liability (Mithaftung) | €59 x 17 days (14 days to buy a replacement plus 3 days to decide) x 75% | €752.25 |
For older vehicles, the claim remains. The daily rate may be lowered by one or two groups (BGH VI ZR 357/03). The authors of the table recommend one group lower for cars over five years old and one more group lower for cars over ten years (quoted in BGH VI ZR 357/03). The law does not set this. In the same decision, the BGH did not say from what age or by how many groups to reduce. The exact classification is made in the report.
What counts is the actual downtime, as long as the person whose car was damaged is not responsible for delays. A guideline is the repair time or the time needed to buy a replacement car, as calculated in the report. With a fictitious settlement, this calculated time is what counts (BGH VI ZR 361/02). Insurers often point to a rough rule of 14 days. This is not the law. The standard is 10 to 14 days for a repair. For a total loss, add 3 to 5 days for time to decide and to check. For rare models or supply problems, 21 days or more are possible. The repair shop risk and the forecast risk lie with the party who caused the damage.
Yes. For a total loss, the repair time does not count. The time needed to buy a comparable replacement vehicle counts. In practice, this is 10 to 14 days plus a reasonable time to decide. For rare models, it can take longer. The report records the exact duration.
You can also claim loss-of-use compensation with a fictitious settlement , but only for the repair time predicted in the report and only if a noticeable loss of use actually happened. It is not allowed to mix repair costs paid out as a fictitious settlement with a claim for an actual delay.
For leasing, the person who holds the claim is usually the lessee as the economic user. If the lessor itself provides a rental car, the lessor is entitled to the rental costs. The lessee then has no additional loss-of-use compensation.
For company cars used only for business, there are three options: lost profit (§ 252 BGB), standby costs of a reserve vehicle (BGH case law since 1978) or rental car costs. For vehicles that do not directly earn money (for example, a manager's car), the flat daily rate is also possible. For mixed use, mixed forms are possible.
The claim is not limited to cars. The same requirements apply: intention to use the vehicle, ability to use it and a noticeable disadvantage. If you also have a car that you can reasonably use next to the motorcycle, the loss may not be noticeable, as with a second car.
For trucks and vans used for business, lost profit or standby costs usually replace the daily rate, as described above for company cars. For motorhomes and other leisure vehicles, it matters whether you use the vehicle in daily life. Motorcycles have their own table with lower daily rates. You cannot simply apply the car daily rates to these vehicle types. The report classifies the vehicle in each case.
Sometimes a third party who has no legal role in the accident provides a replacement vehicle. In this case, your claim for loss-of-use compensation usually remains. Sometimes the third party is legally affected instead, for example as the owner of a leased car. If this party rents a replacement vehicle that you can reasonably use, loss-of-use compensation is excluded. This applies as far as this party can claim the rental costs from the party that caused the damage (BGH, judgment of October 7, 2025, VI ZR 246/24).
If you do not take a rental car and the requirements are met, you receive the daily rate of your vehicle group for each day of downtime. Depending on the vehicle, this is about €23 to €175 per day (see the loss-of-use table). With shared liability, the amount is reduced in proportion. The number of days depends on the actual downtime. A guide is the repair time or replacement time calculated in the report.
You cannot claim a rental car and loss-of-use compensation for the same period. You can switch during the downtime, or you can combine them in phases. One example is a rental car for the first days and loss-of-use compensation after that. The differences at a glance:
| Feature | Rental car | Loss-of-use compensation |
|---|---|---|
| What is paid | The rental costs you actually had | A flat daily rate by vehicle group |
| Proof | Rental contract and invoice | Downtime and vehicle group, shown for example by the report, the repair invoice or the purchase contract of the replacement vehicle |
| With shared liability | The rental costs are refunded only in part. You pay the rest yourself. | The daily rate is reduced by the liability share |
| Common point of dispute | The rental price and the rental period | The vehicle group and the number of days of downtime |
For loss-of-use compensation, the vehicle group table by Sanden/Danner/Küppersbusch applies. In practice, it is also called the EurotaxSchwacke table. Do not confuse it with two other publications from the same field: the Schwacke list for used car values and the Schwacke rental price index for rental car costs. Neither of them applies to loss-of-use compensation.
The BGH treats the table as a permitted estimation aid under § 287 ZPO, most recently in VI ZR 357/03. In that decision, it approved a reduction of one or two groups for older vehicles. The table is not binding. The court that hears the case makes its own estimate.
Legal basis: the following decisions shape current case law on loss-of-use compensation after an accident that was not your fault. They help you understand what is usual. Your lawyer handles the legal assessment of your case and the enforcement against the other party's insurer.
| Case number, date | Title | Key point |
|---|---|---|
| GSZ 1/86, July 9, 1986 | Principle of the Grand Senate | Loss of use can be claimed as a financial loss. The conditions are the intention to use the car and a noticeable economic disadvantage (BGHZ 98, 212). |
| X ZR 49/86, October 20, 1987 | Claim in principle, limits for old vehicles | The owner of a privately used vehicle has a claim for loss-of-use compensation in principle if the use is taken away. The amount is not limited by a fixed rule based on the vehicle value. In the case decided, the BGH did not apply the table. The vehicle was almost ten years old and had considerable defects. The BGH awarded only standby costs instead (NJW 1988, 484). |
| VI ZR 361/02, July 15, 2003 | Duration in the report applies | With a fictitious settlement, the repair time calculated in the report is what counts, not a flat estimate of 14 days. |
| VI ZR 357/03, November 23, 2004 | Reduction for age | For older vehicles, the BGH accepts a step down by one or two groups. The claim is not removed. The BGH expressly left open from which age the group may be lowered and by how many steps. |
| VI ZR 35/22 and VI ZR 246/24 | Second car and reasonable use | If another vehicle is available that you can reasonably use, the claim may end completely. Differences in prestige or comfort do not make the other vehicle unreasonable to use. The newer decision of October 7, 2025 adds detail. It makes clear that a difference in class alone does not make a vehicle unreasonable to use. |
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The overview of all topic pages about vehicle damage. Go to overview
Direct line to the independent vehicle expert: We write the report as a reliable basis for loss-of-use compensation. To enforce your claim legally against the other party's insurer, we recommend a traffic law lawyer. We receive no commission for this. If the accident was not your fault, you do not pay in advance. The other party's liability insurance usually pays the costs of the report. The report is created as part of our damage report after an accidentservice. We are based in Erlangen and cover the whole Nuremberg Metropolitan Region. You can find more on our our service areas.
CleverCrash is an office of independent vehicle experts, not a law firm. This page is general consumer information and does not replace legal advice in an individual case.
Last updated: August 21, 2026. The page reflects the case law known at that time.
Maximilian Fromm
Independent vehicle expert, B.Sc. in Mechatronics
Maximilian Fromm is an independent vehicle expert and the founder of CleverCrash in Erlangen. He studied mechatronics. Since August 2025, he has written damage reports (Unfallgutachten) for private customers, repair shops and lawyers in the Nuremberg Metropolitan Region. He supports his customers until the insurer pays out.
