quotenbevorrechtigt
English translation: privileged positions / positions unaffected by contributory negligence
| 10:39 Apr 15, 2005 |
| German to English translations [PRO] Bus/Financial - Insurance / Car accident | |||||||
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|  Selected response from: Derek Gill Franßen Germany Local time: 04:02 | ||||||
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| 3 +1 | privileged positions / positions unaffected by contributory negligence |
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Answers
1 hr confidence: 
peer agreement (net): +1
peer agreement (net): +1| quotenbevorrechtigte Ansprüche privileged positions / positions unaffected by contributory negligence Explanation: There may be an exact name, but I doubt it... It is one of the more complicated themes in Especially in law suits concerning traffic accidents, if the plaintiff is found to have negligently contributed to the cause of the damages, the amount recoverable by the plaintiff may be reduced proportionally on the grounds of "contributory negligence." This also takes place under German law, and is called "Quotelung," i.e.proportional assessment (cf. http://www.proz.com/kudoz/254975). If the plaintif decides to recover the damages using comprehensive damage insurance, there are certain positions that may then be recovered in full from the opponent's liability insurance: these positions are not assessed proportionally, but rather - like I said - can be recovered in full. These include the "Selbstbeteiligung" (="deductible"), "Wertminderung" (="depreciation"), "Sachverständigenkosten" (="costs for expert opinions"), "Abschleppkosten" (="towing costs"), "Abzüge 'neu für alt'" (="reductions for increased value"), "Anwaltskosten der Kaskoinanspruchnahme" (="attorney's costs for making claims to the insurance"), and the "Differenz zur 130%-Regelung" (="difference to the 130%-rule," which is to complicated to explain here). Especially in cases in which "contributory negligence" may lead to a reduction of the damages recoverable, it may be better for the client to recover the costs of repairs from the own comprehensive damage insurance, and the privilged positions from the opponent - sometimes they can recover much more that way. I hope that was understandable... ;-) -------------------------------------------------- Note added at 1 hr 17 mins (2005-04-15 11:56:58 GMT) -------------------------------------------------- Please excuse the typos. :-) -------------------------------------------------- Note added at 1 hr 25 mins (2005-04-15 12:05:23 GMT) -------------------------------------------------- Das sollte \"It is one of the more complicated themesin traffic law.\" heißen. Referenz: Mein Chef ist Vertragsanwalt für ADAC, also muss ich als \"Junior Partner\" quotenbevorrechtigte Positionen mindestens einmal der Woche abrechnen (it\'s so much fun - not). ;-) |
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