"The rental car daily rate is significantly above the local market rate" – Decoder

Also known as

Mietwagen-Kürzung · daily rate dispute · accident replacement tariff dispute · Schwacke-Fraunhofer differential

---

What you have just received – verbatim

Typical variants:

"The rental car daily rate of €120 you chose is significantly above the local market rate. We can only reimburse €80 per day."

"Your rental car invoice includes an accident-related surcharge. We will only reimburse the standard rate according to the Schwacke-Liste."

"Reimbursement above the Fraunhofer-Mietpreis-Spiegel is not justifiable."

"You should have chosen a cheaper provider – we are reducing accordingly."

Three characteristics of this reduction:

• Blanket reference to the "standard daily rate" – without any specific calculation
• Schwacke OR Fraunhofer as the argument – the insurer selects whichever table is more favourable to them
• Accusation against the injured party "You should have chosen differently" – duty-to-mitigate argument

---

What is really behind it

1. Cost differential

Rental car invoice €120 × 14 days = €1,680. Insurer reimbursement €80 × 14 days = €1,120. Differential €560 at your expense – per case.

2. Strategic table selection

The Schwacke-Liste (based on a survey of rental companies, direct tariffs) is typically higher than the Fraunhofer-Mietpreisspiegel (online analysis using advance-booking discounts). The insurer strategically selects the lower table – even when the other one is more applicable to your specific case.

3. Pushing partner rental companies

Many insurers have partner rental companies with flat-rate terms below market rates. You are often referred to these partners – already in the first contact – with no indication that you are free to choose any provider.

4. Ignoring availability

You rent where availability exists – on weekends, at night, at the scene of the accident. Comparative research is not reasonable in acute situations. The BGH's approach protects this choice – the insurer's accusation that "you could have rented more cheaply" is generally not sustainable.

---

What case law says

Rental car entitlement under BGH case law

Requirements for reimbursement:

• The repair period or replacement procurement time makes a rental car necessary
• No available second vehicle
• Daily rate within the "locally customary standard rate"
• Rental car category appropriate (maximum one class below your own vehicle)

Schwacke-Liste vs. Fraunhofer – the BGH approach

In consistent case law, the BGH recognises both tables as permissible bases for estimation – the judicial practice in many Higher Regional Court (OLG) districts is to apply the arithmetic mean of both.

Accident replacement tariff (UET) vs. standard rate

Rental companies often offer an "accident replacement tariff" (Unfall-Ersatz-Tarif) that is higher than the standard rate – they bear the pre-financing risk (payment only after insurer settlement). The BGH's position: only the standard rate is reimbursable in principle – the UET surcharge is only reimbursable if a cheaper tariff was concretely unavailable.

Rental car category

• Own mid-range vehicle → mid-range rental car reimbursable
• One class below your own vehicle is typically reasonable (duty to mitigate)
• Premium vehicle → possibly only mid-range reimbursable

---

What you should do now – concretely

💡 The most important rule

Document availability at the time of rental – this is the key to full reimbursement. If cheaper tariffs were not available, the actually paid daily rate applies.

🛠 Four steps

1. Determine Schwacke and Fraunhofer values Both tables for your postcode region and rental car category. Calculate the arithmetic mean – this is the typical judicial reference figure.

2. Document availability When did you rent (time, day, weekend)? Which providers did you contact? Were cheaper tariffs available? Preserve access records (emails, booking confirmations).

3. Collect comparison offers Which tariffs were available – and which were not? Screenshots from booking platforms at the time of rental.

4. Escalate to a lawyer for differentials above €100 For reductions above €100, legal representation is worthwhile. Legal fees are paid by the insurer.

---

Letter template – contesting a rental car reduction

Dear Sir or Madam,

I refer to your reduction of the rental car daily rate in
claim [claim number].

I reject your blanket reduction to [insurer daily rate] €.
Under BGH case law, the "locally customary standard rate" is
the applicable benchmark.

Schwacke + Fraunhofer analysis for my postcode [postcode] and
rental car category [class]:

- Schwacke daily rate: [X] €
- Fraunhofer daily rate: [Y] €
- Arithmetic mean (BGH approach): [(X+Y)/2] €

My chosen daily rate of [my daily rate] € falls within the
locally customary standard rate.

In addition: at the time of rental, a cheaper tariff was not
available (grounds: acute situation / weekend / region —
see enclosed comparison enquiries).

I request full reimbursement of the rental car costs in the
amount of [daily rate × days] €.

In the absence of reimbursement, legal proceedings will be
initiated (BGH consistent case law).

Yours sincerely,
[Signature]

---

What the insurer will most likely do next

Response A – table dispute

"Schwacke is outdated – Fraunhofer is the applicable reference."

Your response: BGH position on the arithmetic mean. In most Higher Regional Court districts, the arithmetic mean is established practice. The insurer cannot unilaterally select the table that is more favourable to them.

Response B – partner offer

"At our partner [X] you would have paid only €65/day."

Your response: Check availability at the time of rental. A partner referral is a recommendation, not an obligation – you have free choice.

Response C – category reduction

"You could have rented a lower class."

Your response: Your own vehicle class is the reference point. For mid-range ownership: mid-range rental or one class below – no blanket reduction to the smallest vehicle category.

Response D – duration dispute

"14 days is too long – we will only reimburse 7."

Your response: Document the repair duration – workshop order, workshop capacity, spare parts waiting times. BGH position on actual repair duration.

---

Frequently asked questions

How much will I receive per day for a rental car? The "locally customary standard rate" for your region and rental car category. In practice, the arithmetic mean of the Schwacke-Liste and Fraunhofer-Mietpreisspiegel. Where the daily rate was higher due to availability constraints: the actually paid amount.

What is the difference between Schwacke and Fraunhofer? The Schwacke-Liste is based on a survey of car rental companies (direct tariffs, higher). The Fraunhofer-Mietpreisspiegel is based on online booking platforms (with advance-booking discounts, lower). BGH position: arithmetic mean of both.

Which rental car class am I entitled to? Maximum the same class as your own vehicle. One class below is reasonable under the duty to mitigate. For premium vehicles, possibly only mid-range.

How long may the rental car period last? For as long as the repair or replacement procurement takes – for repairs, the actual workshop time; for total loss, typically 14 days replacement procurement period.

What if I do not know which Schwacke and Fraunhofer values apply to me? A lawyer or expert appraiser (Sachverständiger) will determine the values from the current database – specific to your postcode region and rental car category.

Is litigation worthwhile for a €200 reduction? Economically yes, because the insurer bears the legal fees. In practice, litigation is rarely necessary – most insurers withdraw their reduction once the arithmetic mean and availability are documented.

---

Related terms

• Rental car reimbursement – detailed entry
• Nutzungsausfall – alternative without a rental car
• Repair costs – context
• Decoder "Repair uneconomical" – related strategy

---

If you are unsure how to proceed

Rental car disputes are a common, well-manageable area – typical reductions can be reversed 70–100% with good documentation. Legal fees are paid by the insurer for accidents that were not your fault.

→ Start your free claim assessment

---

Sources

• Bürgerliches Gesetzbuch §§ 249, 254 – gesetze-im-internet.de/bgb
• BGH, consistent case law on rental car reimbursement
• BGH, judgment of 11.03.2008, VI ZR 164/07 (Schwacke-Liste as estimation basis)
• BGH, judgment of 24.06.2008, VI ZR 234/07 (necessity of rental car)
• Schwacke Mietpreis-Liste – Eurotax
• Hentschel/König/Dauer, Straßenverkehrsrecht