Bad Kissingen Court Rules Insurance Cannot Arbitrarily Cut Rental Car Costs

A German district court in Bad Kissingen ruled that an insurer may not unilaterally reduce a claimant’s rental‑car expenses by citing a cheaper valuation list. The case involved a driver who, after an un‑faulted traffic accident, rented a replacement vehicle for nearly two weeks at a cost of €1,376. The insurer reimbursed only €716, arguing that the Schwacke list used by the court was inflated and that the Fraunhofer Mietpreisspiegel should apply. The court held that the Schwacke list was appropriate for the specific market and that any reduction must be supported by concrete evidence that the claimed amount is excessive. Consequently, the insurer must cover the full, market‑reasonable rental cost unless it can prove otherwise. The decision underscores the need for insurers to substantiate any cost‑cutting measures with solid factual proof.