Since the Corona pandemic, many workshops have disinfected vehicles to protect employees and customers. ADAC’s attorneys explain when you must bear the costs and what applies in the event of liability damage.
Clarify disinfection costs when submitting an application
Accident through no fault of the person: Courts differ on clearance costs
Purge costs must be decided by the Federal Court of Justice
The corona pandemic is also affecting workshop orders. Who bears the cost of sterilizing the car after work? A final clarification of this matter by the Federal Court of Justice is pending.
Corona disinfection: what a workshop can ask for
It is important to know: the workshop is allowed to perform works that are not part of the repair order and therefore are not part of the contract Don’t just take into account. If the workshop wants money for a service, it must prove that there is a demand for the work performed. This is only the case if the workshop informs you in advance of the upcoming work and you agree to implement it.
Only if the contract is worded very broadly (eg for a general vehicle inspection or a summer service) you may also have to pay for services that were not expressly authorized but were performed while the work was being carried out usually occur. It is controversial whether this also includes the costs of disinfection.
Advice from an ADAC club lawyer: Clarify how disinfection will be implemented and costs with the workshop – preferably already Before submitting a workshop request.
An accident without your fault: who pays for the purge?
After an accident occurs through no fault of your own, your vehicle must be taken to the workshop for repairs or an assessment. Here the dispute is about whether and to what extent Vehicle liability insurance Whoever caused the accident must pay the costs of disinfection. Courts currently largely bear the duty to pay. ADAC Club Lawyers current provisions Before.
Stuttgart Regional Court: Disinfection costs are reimbursed at a fixed rate
After an accident caused by another person, the plaintiff had to repair her car in the workshop for 6,446.78 euros. The bill also included €57.30 for disinfecting the cars after the repair. However, the liability insurance of the person who caused the accident did not want to compensate for these costs. LG Stuttgart believes that the accident victim in times of the Corona pandemic Cleansing From the main contact surfaces before picking up the car you might expect. However, it estimates the costs involved flat rate 25 euroonly liability insurance had to pay that flat rate (judgment July 21, 2021, Az:13S 25/21).
Aachen Regional Court rules on specific costs for disinfection
The Regional Court of Aachen has ordered the liability insurance company of the person who caused the accident to pay the clearance costs in the total amount of €44.19 (judgment of October 21, 2021, Az.: 4 O 63/21).
Wolfratshausen District Court: Corona disinfection must be compensated after repair
The District Court of Wolfratshausen has decided that the workshop may charge a fee for disinfecting the corona afterwards, but not additionally before the repair.
After being in a traffic accident for which he did not do any wrong, the injured repaired his car in the workshop. In addition to the repair costs, the bill also included 70 euros to disinfect the car. The workshop disinfected the car upon acceptance and before returning it to the customer to exclude the risks of corona.
In the end, only the liability insurance of the person who caused the accident had to cover the costs of Disinfection before returning the car Pay. Disinfection after vehicle acceptance is a purely internal occupational safety procedure that falls under general costs and cannot be held accountable to the customer, according to the court (Judgment of December 15, 2020, Case No.: 1 C 687/20).