Have you had an accident?

Insurance companies always make their compensation payments dependent on the submission of an accident report. This is why the vehicle appraisal is so important for you. Because in order for compensation claims to be made at all, the accident damage to your car must be documented, assessed and quantified.

The report also shows whether the damage was actually caused by the accident. If a dispute arises, courts will also decide on the basis of the damage report. As the injured party, you are protected by the liability insurance of the party responsible for the accident, which means that the costs for the expert opinion and, if necessary, for a lawyer are covered in full by the other party’s liability insurance. So you don’t have to pay a cent yourself.

As a rule, an accident report is always necessary after an accident as soon as the damage limit has exceeded that of minor damage. This is around 750 euros for liability insurers and 2000 euros for comprehensive insurers. Below this, a cost estimate is usually sufficient.

However, as it is very difficult for non-experts to assess the actual damage caused and quantify the costs exactly, it is always advisable to hire a vehicle appraiser. He will then assess which type of motor vehicle appraisal is suitable for you.

In order to assess the damage and quantify the repair costs, a motor vehicle expert examines your car very carefully for defects, damage and other faults. A vehicle appraisal contains information on the following facts:

• Technical data and optional extras

• Documentation of existing and accident-related damage

• Estimation of the repair route and repair costs

• Duration of the repair

• Accident-related reduction in value

• Replacement value and residual value

• Assessment of the cost-effectiveness of the repair (total loss)

• Downtime

Incidentally, claims for a rental car or compensation for loss of use are also calculated on the basis of the accident-related downtime.

The costs for a damage assessment are calculated as a percentage of the damage incurred. They are calculated on the basis of tables from large associations. By default, you can expect a descending percentage depending on the amount of damage. Here is an example calculation for you:

Schaden                   Prozentsatz               Honorar
1.000 Euro                35 Prozent                350 Euro
20.000 Euro               7 Prozent                 1.400 Euro

The greater the damage, the higher the bill for the vehicle appraisal. Some experts or associations such as DEKRA also charge by the hour.

The important thing is:
As the injured party, you are protected by the liability insurance of the party responsible for the accident, which means that the costs for the expert opinion and, if necessary, for a lawyer are covered in full by the other party’s liability insurance. So you don’t have to pay a cent yourself.

Even if the expert will usually ensure that all deadlines are met, you as the injured party or the person responsible for the accident should always have an overview of obligations and possible deadlines after an accident:

1. The person responsible for the accident has a maximum of 7 days to report the damage to the insurance company.

2. A vehicle surveyor should ideally be requested on the day of the accident. This is because waiting can lead to further damage (duty to minimize damage), and the faster a vehicle is repaired, the faster the claim amount is paid out.

3. An accident report can be prepared within 1 to 3 days, depending on capacity. There is no direct deadline for the motor vehicle appraisal.

Note: Claims for damages expire after 3 years.

As the injured party, you are obliged to minimize the amount of damage. This refers to the duty to minimize damages according to § 254 BGB. This means that as the injured party, you must not artificially inflate the repair costs and the overall settlement of the claim. So don’t wait to request your independent motor vehicle appraiser as soon as possible.

As the injured party, you also have a number of rights in accordance with Section 249 BGB:

• Assumption of legal and expert costs by the opposing insurance company

• Free choice of an appraisal office. This allows you to choose an independent appraiser yourself.

• Reimbursement of repair costs

• Entitlement to rental car or compensation for loss of use

• Right to fictitious settlement

If you are at fault, your car insurance usually only pays the repair costs or the current value of your vehicle.

Who pays for the damage assessment depends on who is at fault. As a rule, the insurance company of the person responsible for the accident pays the costs. In the case of partial fault, the costs are divided according to the proportion of fault.

If the other party’s insurance company suggests an expert, the following problems may arise:

• Conflict of interest: The proposed expert could act in the interests of the insurance company to keep costs down.
• Independence: The appraiser may not be completely neutral and objective in assessing the damage.

Instead, it is often better to hire an independent expert to ensure a fair and objective assessment of the damage.

As the injured party, you do not have to pay for the motor vehicle appraisal, as this is covered by the opposing party’s liability insurance. However, you do not have to accept the expert provided and can commission an independent expert yourself.

The insurance company of the person responsible for the accident therefore always steps in if they have to pay an injured party. The costs incurred are reimbursed up to 30 percent above the replacement value of the damaged vehicle.

In the event of an accident where the driver is at fault, only comprehensive insurance will pay for an accident report on the vehicle of the person responsible. As a rule, it will then also exercise its right to issue instructions in order to commission an expert itself and assess the amount of damage. In rare cases, an appraiser may be commissioned – and then only in agreement with the insurance company.

In addition, the policyholder will only receive compensation for damage to their vehicle up to the amount of the replacement value. This includes the deductible.

Ideally, a motor vehicle appraiser is always a publicly appointed and sworn expert. His qualifications ensure that motor vehicle appraisals stand up to insurers and courts.

However, the job title of motor vehicle appraiser is not legally protected in Germany. This means that basically anyone who has undergone appropriate training can be a motor vehicle expert.

Furthermore, an appraiser is not obliged to carry a certificate of competence about his qualifications. However, you should make sure that the expert you commission is competent. This is because the more qualified an expert is, the less likely it is that the findings in a motor vehicle appraisal will be disputed.

The tasks of a loss assessor

An appraiser can evaluate vehicles in a variety of ways. These include, among others:

• Damage assessment and preservation of evidence after a traffic accident

• Used car valuation

• Valuations, appraisals for classic and vintage cars

• Machine expertise

As with the question of the assumption of costs, a distinction can also be made here between third-party liability and comprehensive cases. In the event of an accident caused by a third party (third-party liability), you as the injured party have the right to commission a motor vehicle appraiser of your choice.

Don’t let the opposing insurance company put you under pressure. Opt for an independent expert who only represents your interests.

In the event of own fault or force majeure, the comprehensive insurance company will commission a motor vehicle appraisal. It is rare for the policyholder to be allowed to choose their own expert.

This is because many insurance contracts contain clauses stating that accident appraisals are only paid for if they are commissioned by the insurance company.

Independent motor vehicle appraisers

So if you are in the position of the party not at fault after an accident, insist on your right to commission your own independent expert. This will ensure that the reduction in value and loss of use are taken into account over and above the pure body damage.

This is because an appointed appraiser will always have the interests of their own insurance company in mind and will also carry out their appraisal accordingly.

In the event of a dispute, a court may have to rule on the compensation claims. Your damage report is considered sufficient evidence.

Can the other party’s insurance company contest my damage report?

It is theoretically possible to object to a motor vehicle appraisal. However, according to a ruling by the Berlin Regional Court (case reference 42 O 22/10), this requires a provable reason.

A simple reference to an inadequate damage report is not sufficient for a further assessment of the situation. An expert opinion would also be contestable if there were justified doubts about the expert’s competence.

We have an extensive network that we make available to you. This means that you can access a lawyer specializing in traffic law at any time to resolve this case in your favor.

This is because insurance companies may try to reduce repair costs (hourly rates), RRP surcharges and transportation costs – even though these are stipulated in the vehicle appraisal.

As a rule, claims processing takes 4 to 8 weeks. Depending on the complexity of the case, it can also take longer. Thanks to our rapid response and competent claims management, we always try to make faster progress.