The corona pandemic is making waves again, the virus is relentlessly penetrating even the depths of everyday driving life. Like, for example, a banal sheet metal damage. The damaged car has to be taken to the workshop. After the repair, the vehicle is properly disinfected. But who has to bear the costs?
Covid-19 and no end. Not only is the number of infections currently rising sharply again and causing a lot of confusion in the precautionary and protective measures, there is also a lot of confusion and many open questions in everyday driving life. One now seems to have been resolved. Namely: Who pays for the corona disinfection after repairs to a liability damage through no fault of their own?
The service-providing motor vehicle insurance company had deleted precisely this position in the claims settlement and refused to cover the costs for the hygiene protection measures. The district court of Heinsberg (North Rhine-Westphalia) now had to decide on this matter. In the specific case, the owner concerned had the damage to his vehicle settled for 3,262 euros. This also included costs for the prescribed disinfection of 60.87 euros. The liability insurance of the person who caused the accident reduced the reimbursement amount by exactly this amount.
The injured party didn’t like that at all and he complained – with success! Because: The district court of Heinsberg gave the driver the right. In the reasons for the judgment (AZ: 8 C 161/20), the judges made it clear: The plaintiff is entitled to the full cost of the repair including a corona disinfection. The hygiene protection measures are necessary because the vehicle is touched by third parties during the repair. The district court also had nothing to complain about in terms of the material and labor invoiced. This is appropriate both in amount and in scope.
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