Accident victims also have to limit themselves when renting a replacement car. Especially when a particularly expensive car has been damaged.
Even a Ferrari driver is not entitled to an exclusive replacement car after an accident. The owner of an Italian sports car had to find out before the higher regional court in Celle. After his own vehicle had an accident, the man rented a Lamborghini for the eleven days of the repair. However, the vehicle insurance of the other party in the accident refused to pay the bill of 5.600 euros, stating that a Porsche 911 or BMW 8 Series would have done it too.
The court saw it the same way. A person injured in an accident may in principle obtain the same or a comparable type of car as a substitute. However, this does not apply without restrictions. The injured party would have to be satisfied with a less comfortable type of car for a short time if a vehicle of the same type is only available for a particularly high rental. It therefore does not seem appropriate to the court to rent an exorbitantly expensive sports car at the cost of the injuring party simply for reasons of driving pleasure and general prestige. (Ref .: 14 U 23/20)