Accident report

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

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The report also shows whether the damage was actually caused by the accident. Should a dispute arise, courts will also decide on the basis of the claim report. As an injured party, you are protected by the liability insurance of the person who caused the accident, which means that the costs of the report and, if applicable, for a lawyer are fully covered by the other party's HP insurance. So you don't have to pay a cent yourself.

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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 HP insurance and 2000 euros for comprehensive insurers. Among them, a cost estimate is usually sufficient.

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However, since it is a problem for non-experts to assess the actual extent of damage and to be able to calculate the costs exactly, it makes sense to always hire a vehicle appraiser. He will then assess which type of accident report is right for you.

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So that the damage can be estimated and the amount of repair costs can be estimated, an automotive expert will check your vehicle very carefully for defects, damage and other defects. An accident report contains information on the following facts:

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• Technical data and special equipment
• Documentation of existing and accident-related damage
• Assessment of repair path and repair costs
• Duration of repair
• Accidental impairment
• Replacement value and residual value
• Assessment of the economic efficiency of the repair (total loss)
• downtime

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Incidentally, the claims for a rental car or compensation for loss of use are also calculated from the downtime due to an accident.

The costs of an expert report are a percentage of the damage caused. They are calculated on the basis of tables from large associations. By default, you can expect a declining percentage depending on the amount of the claim. Here is a calculation example for you:

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harm percentage Honorary
1,000 euros 35 percent 350 euros
20,000 euros 7 percent 1,400 euros

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The bigger your damage is, the higher the bill for the accident report. Some experts or associations, such as DEKRA, also charge on an hourly basis.

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What is important is:
In the event of an accident through no fault of your own, you are protected by HP insurance from the other party to the accident, which means that they cover the costs of the report and, if necessary, for a lawyer. So you have to Not a cent myself Pay.

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

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1. The person responsible for the accident has a maximum of 7 days to report the damage to the insurer.
2. Hiring a motor vehicle appraiser: It is best to request an appraiser on the day of the accident. This is because waiting can lead to further damage (obligation to mitigate damage), and the faster a damage report is created and the vehicle is repaired, the faster the damage amount is paid out.
3. Depending on capacity, an accident report can be prepared within 1 to 3 days. There is no direct deadline for the accident report. Depending on the workshop, it can also take longer after an accident. Many experts arrange appointments via email or offer advice beforehand. Don't be surprised: workshops often also offer other services such as initial assessment, registration and classic car appraisals for cars.

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Note: Compensation claims expire after 3 years.

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As an injured party, you are obliged to keep the amount of damage low. This involves the obligation to mitigate damage under Section 254 of the German Civil Code. Therefore, you must not artificially increase repair costs and the entire settlement of claims. So don't wait to request your independent vehicle appraiser promptly.

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As an injured party, you also have a number of rights under Section 249 of the German Civil Code:

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• Assumption of lawyer and appraisal fees by the opposing insurance company in the event of an accident through no fault of its own
• Free choice of an expert office. This allows you to select an independent reviewer yourself.
• Reimbursement of repair costs
• Claim for rental cars or loss of use
• Right to fictitious billing

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In the case of personal fault, your own insurance usually only pays the repair costs or the current value of your vehicle.

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Who pays the accident report depends on the question of guilt. As a rule, the insurance of the person responsible for the accident covers the costs. In the case of a partial debt, the costs are apportioned according to the fixed debt ratio.

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This means that in most cases, the culprit's insurer bears the costs of the damage assessment. As an injured party, you therefore never have to pay anything with us.

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If the insurer from the other party involved in the accident suggests a motor vehicle expert, the following problems may arise:

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• conflict of interest: The proposed appraiser could act in the interest of insurance to keep costs low.
• independence: The appraiser may not be completely neutral and objective in preparing the report and evaluating the damage.

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

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As the injured party, you do not have to pay for the accident report of the vehicle, as this is covered by the opposing liability insurance. However, you do not have to accept the expert provided and can hire an independent expert yourself.

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The opposing insurance of the person responsible for the accident therefore always steps in when he has to pay to an injured party. The costs incurred are reimbursed up to 30 percent above the replacement value of the damaged vehicle.

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In the event of personal fault of an accident, only comprehensive insurance covers an accident report on the perpetrator's vehicle. As a rule, she will then also exercise her right to appoint an expert herself and to assess the amount of damage. In rare cases, an expert can be commissioned yourself — and then only in consultation with the insurer.

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In addition, the policyholder is only reimbursed up to the amount of the replacement value. This includes the excess.

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Ideally, a motor vehicle appraiser is always a publicly appointed and certified expert. His qualifications ensure that accident reports are valid before insurers and courts. One requirement of the appraiser is that he has a degree before, for example, he may draw up the amount of motor vehicle liability claims for accident victims, or, as another example, be allowed to determine the depreciation of a car in order to determine the value. In addition, he prepares, for example, an appraisal or even a cost estimate.

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However, the professional title of the expert is not legally protected in Germany. This means that basically anyone who has received appropriate training can be an automotive expert.

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Furthermore, an appraiser is not required to carry a certificate of expertise proving his qualification. However, you should make sure that the reviewer you hire is competent. This is because the more qualified an expert can identify himself, the less likely it is to dispute the findings in an accident report.

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The duties of an accident inspector

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

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• Determination of damage and collection of evidence following a traffic accident
• Used car valuation
• Preparation of appraisals
• Preparation of reports for young and classic cars, but no issue of H license plates
• Machine report

As with the question of assuming the costs, a distinction can also be made here between liability and comprehensive cases. Because if an accident was caused by third parties (liability), you, as the injured person, have the right to hire an expert of your choice following an accident.

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Don't let the opposing insurance company put you under pressure. Choose an independent expert who only represents your interests and independently measures the amount of damage.

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In the event of personal fault or force majeure, comprehensive insurance will commission an accident report. It is rarely the case that the policyholder is allowed to elect their own appraiser.

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This is because many insurance contracts contain clauses which state that accident reports are only paid if they are commissioned by the insurer.

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Independent reviewers

So if you are in the position of the party through no fault of your own following a traffic accident, then insist on your right to hire your own and independent expert. In this way, you ensure that the decrease in value and loss of use due to pure sheet metal damage are taken into account.

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This is because an appraiser will always have the interests of their own insurer in mind and will then also assess them.

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In the event of a dispute, a court in NRW may have to rule on the compensation claims. The damage report from your accident vehicle is considered sufficient evidence.

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Can the insurance company of the other party in the accident dispute my accident report?

It is theoretically possible to complain about the vehicle report. However, according to a ruling by the Berlin Regional Court (file number 42 O 22/10), this requires a verifiable reason.

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

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Claims settlement usually takes 4 to 8 weeks. Depending on the complexity of the case, it can also take longer. Through our rapid deployment and competent claims management, we always try to make faster progress.