In May 2010, p. Petra and her children in her Alfa 156 on the A81 road, near Stuttgart. Suddenly jumps on the hood at full speed. The hood wraps around the windshield and the grille by even beats the glass roof. Petra S. can just look through a narrow gap under the hood open on the road and bring their car to a stand still. She suffered only some scrapes and her children remain unharmed.
The damage to the Alfa is around 6000 €. Petra S. is fully insured and assumes that the insurance company pays the damages. But refuses to pay. It concerns not a real accident. Even her insurance agent thought it was a joke at first and then for a misunderstanding.
The amazement grew when the details were clear. The cause of the accident was the hook securing the bonnet, which already was faulty from the factory. And indeed, for faulty parts will not be liable to insurance. Then it is not an accident, but a so-called consequential loss. For insurance, this error is to be treated equally with an engine failure due to lack of engine oil.
This also corresponds to the law. The full insurance must not be liable if it has ruled in their contracts. Petra S. reads on the Internet, however, that other Alfa 156, such a faulty bonnet lock and had accidents. There was even a recall by the manufacturer. The Petra S. learned but not by the vendor.
As her lawyer but she believes that the dealer should have informed them. The lawyer cites a case from Dusseldorf. There pay an Alfa dealer, the manufacturer had also given warning and had not continued.
The only difference: Petra S. had not bought from a dealer, but a free trader. The lawyer sees no reason that the free trader should be liable other than the dealer. The Higher Regional Court (OLG) in Stuttgart, however, sees this differently. The free traders do not need to tell the callback. He did not have the same responsibility as the dealers. Only must all the customers who also share used car buyers, manufacturers warnings.
Use the free trader must not judge according to the possibilities of research at the Federal Motor Vehicle Office or in the trade press, even if he sells respective manufacturers. However, the customer would find the recall itself and leave the hood lock wait.
Since the used car dealer for recalls has no duty to inform, buyers must ask specifically if there were recalls, recommends the lawyer. Buyers should always have a witness for evidentiary purposes with you. Only when the free trader assures that there was no recall, it must also adhere to this statement.
The damage to the Alfa is around 6000 €. Petra S. is fully insured and assumes that the insurance company pays the damages. But refuses to pay. It concerns not a real accident. Even her insurance agent thought it was a joke at first and then for a misunderstanding.
The amazement grew when the details were clear. The cause of the accident was the hook securing the bonnet, which already was faulty from the factory. And indeed, for faulty parts will not be liable to insurance. Then it is not an accident, but a so-called consequential loss. For insurance, this error is to be treated equally with an engine failure due to lack of engine oil.
This also corresponds to the law. The full insurance must not be liable if it has ruled in their contracts. Petra S. reads on the Internet, however, that other Alfa 156, such a faulty bonnet lock and had accidents. There was even a recall by the manufacturer. The Petra S. learned but not by the vendor.
As her lawyer but she believes that the dealer should have informed them. The lawyer cites a case from Dusseldorf. There pay an Alfa dealer, the manufacturer had also given warning and had not continued.
The only difference: Petra S. had not bought from a dealer, but a free trader. The lawyer sees no reason that the free trader should be liable other than the dealer. The Higher Regional Court (OLG) in Stuttgart, however, sees this differently. The free traders do not need to tell the callback. He did not have the same responsibility as the dealers. Only must all the customers who also share used car buyers, manufacturers warnings.
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Use the free trader must not judge according to the possibilities of research at the Federal Motor Vehicle Office or in the trade press, even if he sells respective manufacturers. However, the customer would find the recall itself and leave the hood lock wait.
Since the used car dealer for recalls has no duty to inform, buyers must ask specifically if there were recalls, recommends the lawyer. Buyers should always have a witness for evidentiary purposes with you. Only when the free trader assures that there was no recall, it must also adhere to this statement.
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