Contest accident reports? That's how you go about it!

• Contest accident reports: If you are dissatisfied with the results of the report following an accident, you can challenge it. The report is then reviewed by another expert.
• Counter-opinion: In the event of discrepancies in the amount of damage or the damage that is taken into account, a cross-report will be prepared to improve the chances of higher compensation.
• advantages: A cross-report can uncover additional damage and realistically assess costs, such as those of the repair, which increases the likelihood of higher compensation.
• Beware of mistakes: Waiting too long or not meeting formal requirements can be an obstacle.

Why is a motor vehicle report contested?

A traffic accident is stressful. The whole process requires a lot of energy. If the injured party is then not satisfied with the result and does not feel properly treated, the whole situation is even more annoying.

But as a victim of an accident, you can take action against this. that Motor vehicle report can be appealed.

But how exactly does that work? In this blog post, you will find the answer to this question, as well as many other tips for a pleasant process, typical mistakes that should be considered and legal options available to you.

What is the car report?

The motor vehicle report is a document prepared by a motor vehicle expert, which forms the basis for settling claims following an accident. The information contained therein helps the insurance company make further decisions and determines, for example, the amount of compensation for the injured party.

The report includes the amount of damage, the type of damage, the repair costs, the replacement value and the residual value Definitely.

Claims cannot be settled without the motor vehicle expert report, as the insurance company insists on this document.

What is the reason for a challenge?

The opposing insurance company often arranges for the report to be prepared. As a result, the results often do not meet the expectations of the injured party.

The most common reasons for this are as follows:

Disagreements about the amount of damage: This means that the damage is rated as lower than it actually looks. Doubts as to the correctness of the amount of damage may lead to a challenge.

Unaccounted for damage: A traffic accident often causes damage that is not visible at first glance. It may happen that these damages are not taken into account in the report.

Question of guilt: The question of guilt can also be misrepresented in the report. Since the injured party himself was present in the accident, he has his own assessment or opinion on the question of who is to blame for the accident. If he does not feel properly represented in the motor vehicle report, the report can also be appealed.

Deficiencies in the report: If there are formal errors or technical inaccuracies in the motor vehicle report, doubts arise about the overall report and the quality.

Role of the automotive expert in the dispute

The vehicle report is carried out by an expert who should assess the accident vehicle neutrally and objectively. To ensure this, attention should be paid to a few things. Here is everything you need to know about the car expert at a Accident report should know.

Appointment of the reviewer

The expert may be commissioned by the other party's liability insurance. However, this can lead to conflicts of interest, as the opposing insurance company obviously wants to pay as little compensation as possible and therefore tries to keep the amount of damage as low as possible.

It is therefore important for injured parties to know that they can hire a motor vehicle appraiser themselves and are free to choose who this is and the other party's liability insurance must still cover the costs. Don't be convinced by the insurance company's initial suggestion, but exercise your right to a car appraiser of your choice.

What should you look for in a car appraiser?

When choosing the right appraiser, there are a few aspects to consider in order to get the best expert opinion.

qualifications: A motor vehicle appraiser should have appropriate training and certification as a motor vehicle expert. In Germany, the expert should be recognized by an official body and be employed by an expert office.

Experience: Make sure that the appraiser has sufficient experience in the area of accident reports. In this way, it detects typical damage more quickly and thoroughly. During the inspection, the experienced automotive expert detects damage that is not visible at first glance, even in the case of more complicated traffic accidents.

Independence: As mentioned above, it is particularly important that the commissioned appraiser acts independently and that the assessment of your vehicle is neutral. The appraiser should not be employed by the insurance and liability insurance of the other party involved in the accident, as in this case he will try to keep the amount of damage as low as possible. If possible, the appraiser should also have no connection to a workshop or other institutions that have any connection and interest in the report.

Costs of a car appraiser

The costs of the motor vehicle report are usually covered by the liability insurance of the person responsible for the accident, provided that the question of guilt has been clarified.

If you yourself are responsible for causing the accident, comprehensive insurance, if you have taken out one, may cover the costs. However, comprehensive insurance is very individual and no general statement can be made about the reimbursement of costs.

Therefore, check your comprehensive insurance contract very carefully to find out which costs are covered.

Contesting an expert opinion: step by step process

How the appeal of the report works is explained step by step below.

First report: The first report is prepared by a motor vehicle expert. Errors or discrepancies can then be found in this report.

Counter-opinion: A counter-report is then commissioned. In this cross-report, another expert recalculates the amount of damage.

Submission to the insurance company: The next step is to submit the new counterreport to the insurance company. This allows you to file an objection and request a correction of the amount of damage.

Renegotiation: On the basis of the counterreport, negotiations are made with the insurance company and an agreement can be reached. If the injured party is not satisfied with this, the case can also go to court.

Legal clarification: If an agreement cannot be reached, the court must be involved. In such a case, a specialist lawyer should be hired so that you are represented in court in the best possible way.

Benefits of a counter opinion

The cross-report is carried out in the event of objections made by the injured party if the injured party is not satisfied with the result of the initial damage report. A counter-opinion usually increases the chances of acceptance of the insurance increase, as they usually want to avoid legal proceedings.

Inspecting the vehicle can reveal more information that changes the assessment of the damage, such as the following:

Additional damage: A second vehicle report may find additional damage to the vehicle that has not been seen before. These have a significant impact on the amount of claims.

repair costs: If the damage is reassessed and new damage may be found, the costs of the repair may also be adjusted. This also has an effect on the injured party, as the liability of the other party involved in the accident uses the costs of the repair as a basis for compensation.

Residual value: The residual value is also a value at which the injured party is often dissatisfied. This is why reassessment is important and often leads to a different result.

Contest typical errors in the report

When challenging the report, you should pay attention to a few aspects to ensure that you can also enforce your insurance claims. Therefore, please note the following points.

Inadequate justification: The mere statement that you are not satisfied with the amount of damage is unfortunately not enough to be able to challenge a motor vehicle report. This requires concrete evidence or reasons. Specific examples should be provided, such as an incorrect calculation of repair costs.

Long wait time: Waiting too long may reduce your chances. The court or insurance company values prompt action. If you wait too long, it looks to the other parties as if you want to delay the settlement of claims. Therefore, in case of doubt about the vehicle report, action should be taken quickly.

Legal help: Victims often try to file the lawsuit alone. This works, but there is a very high risk that you will overlook important aspects and possibly weaken your own position. It is therefore advisable to consult a specialist lawyer for traffic law in a complicated case such as a counter-opinion.

Formal conditions: When contesting an opinion, certain criteria must be met. Find out which conditions, deadlines and documents you must comply with so that the dispute is not declared void.

Inadequate collection of evidence: If the damage has not been properly documented, it can be difficult to draw the right conclusions afterwards. Therefore, all photos, witness reports and accident reports should be very detailed and should definitely be kept and copies should be made in relation to each other. This is the only way to ensure that the appraiser can include everything in the vehicle report.

Legal Support Process

If you cannot reach an agreement with the insurance company, you have to enforce your claims legally. The most important legal steps can be found here.

Most important steps

Contact the opposing insurance company: If there is any doubt about the report, the opposing insurance company should be contacted and a follow-up should be requested in order to be able to make corrections to the report.

Contact a lawyer: A lawyer is a great help with such a case. He can review the report and use his expertise to help enforce claims with the insurance company and also represent you in court in case of doubt.

Judicial review: If there are major differences, a court expert is often commissioned to assess the accident damage in a truly neutral manner.

costs: In principle, the costs of the report are covered by the liability of the person responsible for the accident. In the event of legal proceedings, the costs may also be covered by legal expenses insurance.

What happens if the insurance company rejects the counter report?

Insurance companies often accept the suggestion of a counteropinion because they want to avoid a meeting with the court. However, that is not always the case. It is possible that the insurance company rejects the report. It's very frustrating, but you can do something about it. You can find out exactly how this works here:

Request a written document: If the insurance company rejects the report, you should definitely request a written version of the refusal with reasons. This document may become important later on.

Expert discussion: A discussion is often organized between the two experts. During this discussion, they should clarify discrepancies and find a joint solution.

Legal action: If there is no solution out of court, there is no choice but to resolve the problem in court. You should seek the help of a specialist lawyer.

Judicial expert: An expert from the court will reassess the damage caused by the accident. The court attaches great importance to the neutrality of the expert.

Reimbursement of costs: Clarification before courts will result in additional costs. If you have legal expenses insurance, it can cover the costs of the proceedings.

Tips and tricks for a pleasant process

These tips make it easier to dispute a car report. As a rule, these procedures help to make the dispute more successful.

Preservation of evidence: Take as many pictures and videos as possible from different perspectives directly at the scene of the accident. These recordings are very important evidence that play a major role in later disputes.

Act quickly: The longer you wait, the more difficult it becomes to settle claims. It is therefore important to inform your own and opposing insurance companies as soon as possible after the accident so that an expert report can be carried out soon and there are still opportunities to challenge the motor vehicle report.

Independence: As mentioned above, the independence of the expert is one of the most important points in the claims settlement process. This is the only way to ensure a fair accident report.

Legal advice: As soon as there is any doubt, it is advisable to call in a lawyer. He will support you and, thanks to his experience, will enable you to successfully enforce your insurance claims.

conclusion

Challenging the accident report and requesting a counter-report is a good way to assert your insurance claims. If you find that the amount of damage has been calculated too low or claims have been overlooked, you should hire an independent expert who has nothing to do with the opposing insurance company.

It is important to act quickly, to document everything well and to seek legal help in good time.

If the car appraiser's second accident report shows a higher amount of damage, it is more likely that the insurance company will cover higher costs.