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How much loss of use compensation do I get after an accident that was not my fault?

In short

After a car accident in Germany that was not your fault, you get about EUR 23 to 175 in loss of use compensation (Nutzungsausfall) for each day without your car, depending on its group in the usual table. If your car is five years old or more, it is usually placed one group lower. How much you get in total depends on how long the repair or replacement actually takes. The other driver's liability insurer must pay.

How much loss of use compensation do I get after an accident that was not my fault?

What it costs

Daily rates and cuts from the published loss of use table for cars.

ExampleTypical range
Small car, groups A to CEUR 23 to 35 a day
Compact and mid size, groups D to GEUR 38 to 59 a day
Upper mid size and luxury, groups H to LEUR 65 to 175 a day
Car from 5 years oldusually 1 group lower
Car from 10 years oldusually 2 groups lower
Time to decide after the expert reportabout 1 to 3 days

As of November 2026, from traffic law guides that reproduce the table.

Which group applies to your model is stated in the expert report.

How many days are accepted is decided case by case.

Worked example

Seven year old compact car, eight days without it

A commuter is hit at a junction, the other driver is solely at fault. Her model is in group E and is placed one group lower because of its age. Expert report and time to decide take two days, the repair six.

Group per tableE, EUR 43
After the age cutD, EUR 38 a day
Days without the car2 + 6 = 8 days
Loss of use compensation8 × EUR 38 = EUR 304
For comparison with 30 percent shared blame70 percent, so EUR 212.80

The other driver's liability insurer pays EUR 304 on top of the repair. It needs no receipts for costs, only the days without the car.

Where the daily rates come from

For cars there is a table that courts and insurers use to settle loss of use. It sorts around 38,000 models into groups from A to L and sets a fixed amount per day for each group. Small cars are usually in the lower groups, large saloons and SUVs at the top.

Your model's group is usually stated in the expert report (Gutachten) written after the accident. If it is missing there, ask the expert before you file the claim.

GroupEUR per day
A23
B29
C35
D38
E43
F50
G59
H65
J79
K119
L175

Cuts for older cars

The authors of the table recommend placing a car one group lower from five years and two groups lower from ten years. Many courts follow this. A seven year old car in group E is therefore settled as group D, at EUR 38 instead of EUR 43 a day.

For very old cars the amount is sometimes cut further, down to the bare running costs such as tax and insurance. If your old car is well looked after, it is worth arguing against such a cut.

For how many days it is paid

You are paid for the time you really could not use the car: the days until the expert report, a short time to decide of about one to three days and then the repair time. With a write off, instead of the repair you are paid for the time it takes to find an equivalent replacement car.

The repair time in the expert report is a guide, not a fixed entitlement. You must give the repair order promptly. If you wait for weeks, you usually do not get those days paid. If the garage confirms waiting times for parts, keep that proof.

When there is no loss of use compensation

The claim requires that you would have driven the car during that time. If you are in hospital, travelling or have no driving licence, that is usually missing, unless a family member would otherwise have used the car. If an equivalent second car is available or the garage gives you a free courtesy car, there is usually nothing either.

If you do not have the car repaired at all and only settle per the expert report, you usually cannot show that you missed using it. For pure leisure vehicles such as a motorhome, or a motorbike only used at weekends next to a car, courts often reject the claim. If you drive for business, you usually have to prove the loss specifically, for example as lost profit.

Loss of use or a rental car

You get loss of use without receipts for costs, you only have to show how long you were without the car. A rental car is more convenient if you have to drive every day, but often leads to disputes about the rate and your own savings.

If the question of fault is not fully clear, loss of use is often the safer route: with shared blame it is only reduced by your share. A rental car, on the other hand, you pay for first and are left with your share.

What newcomers to Germany should know

Loss of use compensation is a German speciality that many people from abroad have never heard of. It applies to you as a driver in Germany regardless of where your licence was issued, as long as you could legally drive the car.

German insurers often do not offer it on their own. Claim it in writing, naming the group, the daily rate and the number of days. If you are unsure, a lawyer specialising in traffic law can claim it for you; if the other driver was solely at fault, their insurer pays the legal fees.

Step by step

  1. Report the claim directly to the other driver's liability insurer.
  2. Look up the vehicle group and the estimated repair time in the expert report.
  3. Give the repair order quickly, at the latest after a few days to decide.
  4. Prove the start of the repair and the pick up date with the garage invoice.
  5. Claim loss of use stating the group, daily rate and number of days.

Checklist

  • Group of your model known
  • Age cut checked
  • Days without the car proven by invoice or garage confirmation
  • No rental car and no free courtesy car used
  • With a write off, replacement time from the expert report noted

Common mistakes

  • Leaving the repair order for weeks
  • Claiming loss of use and a rental car at the same time
  • Forgetting the claim because the insurer does not offer it
  • Turning down a free courtesy car and still claiming loss of use
  • Accepting an age cut on a young car without objection

Questions and answers

Frequently asked

Does the insurer pay loss of use on its own?

Often not.

Claim it expressly, with the group, daily rate and number of days.

Do I get loss of use if I do not have the car repaired?

Usually not, because you then cannot show you missed the car.

You still get the property damage per the expert report.

Is there loss of use with a write off?

Yes, for the time until the expert report,

a short time to decide and the search for an equivalent replacement car.

Do I get loss of use for my motorbike?

Only if you need it for everyday use like a car.

If a car is available too or you only ride for leisure, courts usually refuse.

Does my comprehensive cover pay loss of use?

No.

Comprehensive cover (Vollkasko) does not pay consequential losses such as loss of use.

The claim only exists against the other driver.

What if I share the blame?

Then loss of use is reduced by your share.

With 50 percent shared blame you get half.

Sources

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