Loss of use if the car continues to be used: OLG Frankfurt confirms rejection

Bought a car, found a defect, an appraiser declared the car not roadworthy. Several months later, the legal dispute is over 122,000 euros. What the courts decided - and why.

Distorted traffic world: In one case, someone wanted loss of use for a car that he was using - was that accepted in court? Photo: Jens Kalaene/dpa

Frankfurt/Main. The key to determining whether you are entitled to compensation for loss of use is the question: Was there an actual economic disadvantage - or not? However, anyone who continues to use a car that is damaged and not roadworthy has no claim for the period in question.

The fact that it was legally no longer allowed to be driven on the road is not the only decisive factor. This is shown by a decision (ref.: 9 U 44/25) of the Higher Regional Court (OLG) Frankfurt am Main dated December 11, 2025.

Car buyer demanded more than 122,000 euros

The case involved a sum of over 122,000 euros. A man wanted this for the loss of use of his car. The later plaintiff bought a car from a used car dealer in June 2021 for around 48,500 euros. After taking delivery of the car, he noticed moisture in one of the headlights and requested that the problem be corrected. This improvement was initially rejected.

The buyer applied to the court for a so-called independent evidentiary procedure because an expert should examine the defect in his car. The court accepted the application. The expert's report was later used in the actual trial.

The expert determined that the headlight ventilation system was defective and that the car was therefore no longer technically roadworthy. Basically the car remained drivable.

According to his own information, the buyer continued to use the car without restrictions until it was repaired in June 2023. He then sued for loss of use compensation for a total of 699 days amounting to more than 122,000 euros.

This is how the courts decide on the claims

The responsible regional court awarded the buyer the repair costs plus interest and actually compensation for loss of use - but only for the actual repair period of two days. He appealed against this.

Without success, because the OLG Frankfurt am Main confirmed the previous decision: A claim for loss of use only exists if those affected do not actually use their vehicle.

The real economic disadvantage is crucial. “The ability to use a motor vehicle represents an asset and is to be viewed as a monetary advantage, so that temporary deprivation can result in financial loss,” said the Higher Regional Court. If, as here, the car continues to be driven despite the defects mentioned, these are not present. Anyone who only takes legal risks when using an unsafe vehicle will not suffer any economic damage.

The decision makes it clear that compensation for loss of use only comes into consideration if there is an actual loss of the possibility of use, according to the DAV traffic law working group: “Anyone who continues to use a vehicle despite technical defects cannot generally demand compensation for an alleged loss of use.”

Published according to the editorial standards of the Handelsblatt. You can find more information in our guidelines.