OLG Frankfurt applies new calculation method for the first time
The longer accident victims are in hospital and in rehabilitation, the higher their compensation should be. That in any case means the higher regional court (OLG) Frankfurt/Main in one on Wednesday, 31 October 2018, announced judgement (Az.: 22 U 97/16). According to its own statements, it was the first OLG in Germany to apply a new method and awarded a motorcyclist injured in an accident a compensation for pain and suffering of 11,000 euros.
The motorcyclist had been hit by a car in Obertshausen in the Offenbach district, whose driver wanted to turn carelessly. He suffered numerous injuries and a permanent sensory disorder of one hand. After the operation, he was on sick leave for more than four months and his household management was restricted.
The driver’s insurance paid for the repair of the motorcycle and compensation for pain and suffering of 5,000 euros. She refused further payments.
So far, the compensation for pain and suffering in such cases has been estimated rather roughly, and the courts have also used tables with the sums assessed so far as a basis. The regional court in Frankfurt am Main awarded 10,500 euros in damages for pain and suffering and also awarded the motorcyclist compensation for “damage to the budget”.
In its ruling of 18 October 2018, the Higher Regional Court set the compensation for pain and suffering at 11,000 euros and the damage to budget management at 1,500 euros.
However, the method used to arrive at this result is new. The Frankfurt judges assume that, compared to the previous procedure, “in the case of long-term impairments, significantly higher damages for pain and suffering could be awarded, whereas in the case of minor impairments, the damages for pain and suffering could be significantly reduced”.
For the calculation, the average income converted to one day is first used. It does not depend on the personal income, “because pain is felt equally by all people”, the OLG emphasised. This daily rate is multiplied with a factor for the degree of the damage consequences , into which day-exact the duration of the hospital stay and if necessary a following Reha flow.
Also the past computation of the budget management damage is no longer up-to-date according to conviction of the OLG Frankfurt. It does not consider the intensified use of kitchen machines and the circumstance that no more so much value is put on the ?presentation of the meal?
Into the new method the household net income and a portion of the housework statistically raised depending upon household size go in – with a two-person household per week 25.9 hours for the woman and 18.55 hours for the man. As hourly rate the minimum wage (2018 8.84 euro, 2019 9.19 euro) or in individual cases a slightly higher amount is considered according to OLG. mwo