Legal information and definitions of liability damage
If an accident is not your fault, there is liability damage. Section 249 of the German Civil Code (BGB) regulates that the person who caused the damage or their liability insurance must pay for all costs incurred by the injured party as a result of the accident. The injured party must be treated as if the liability damage had never occurred.
Some claims of the injured party that are covered:
- Costs for the lawyer used
- Recovery and towing repair costs of the vehicle
- Expert costs
- Medical treatment costs
- Cost of a rental car
- Compensation for loss of use
- If necessary, commercial and/or technical reduction in value of the damaged vehicle
- personal injury compensation
- Costs for any necessary household help
- Loss of earnings, etc.
You should definitely know this!
In the case of liability damage, the general rule is that you, as the injured party, are the master of the process and are not subject to any instructions from the person who caused the damage or their insurance company. As the injured party, you have the right to choose a vehicle expert, a lawyer and a vehicle repair shop.
Our services in the area of liability damage assessments include:
- Inspection of the vehicle
- Detection…
the amount of the calculable repair costs (in the event of a total loss, the repair costs are estimated) the calculated repair duration the replacement value the replacement period the possible mercantile reduction in value the possible technical reduction in value the residual value of the improvements in value the loss of use compensation per day the type and extent of the damage
- Creation of a meaningful photographic system
Frequently asked questions in the area of liability damage
Do I need an appraisal for liability damage? If the damage is larger (i.e. above the minor damage limit of around 500 to around 750 euros, whereby the value depends on various factors), it definitely makes sense to hire an independent expert. A report guarantees you that evidence (important, among other things, in the event of a disputed accident) such as damage to the vehicle, the course of the accident, etc. is secured and documented. It also ensures that you can enforce your legal claims against insurance companies, courts, etc. and that claims are settled quickly and easily. If the damage is minor, it is advisable to prepare a short report that is similar to a detailed cost estimate. Who pays the costs of the report in the event of liability damage? According to the case law of the BGH (Federal Court of Justice), the person who caused the damage or their liability insurance is responsible for the costs of an expert report. Attention: The damage must be above the minor damage limit of around 500 to around 750 euros and must be completely through no fault of your own. There is no uniform limit for the amount of damage that constitutes minor damage. This depends on various factors! Do I have to pay in advance for liability damage? No. In the event of liability damage, we will use the declaration of assignment signed by you to settle the claim directly with the insurance company obliged to pay compensation. This means that as the injured party you do not have to pay in advance. The liability insurance of the person who caused the accident wants to handle the damage completely itself and sends its own expert. Good or bad? An appraiser from the insurance company logically works for them, which then has to pay for the damage in the end. Definitely skip this offer. Hold the reins in your hands and get advice from your chosen expert. Here you can be sure that not only the pure sheet metal damage will be determined neutrally and impartially, but that reduction in value, loss of use, etc. will also be claimed. Our law firm works closely with experts throughout Germany. We would be happy to recommend an appraiser in your area or near the vehicle location. The liability insurance of the person who caused the accident does not require an expert. You can ignore this notice and should not agree to it under any circumstances. It is not uncommon for insurance companies to grant approval for repairs that cost well over 2,500 euros. Remember the points mentioned above: loss of value, loss of use, etc., which you may miss out on if you forego an independent appraiser. Can I also have the determined repair costs paid out for liability damage? Yes. This is called fictitious billing. As the injured party, you are entitled to receive the amount of money needed for repairs. You no longer need to submit the repair invoice to the insurance company in the event of a repair. Please note that the amount of money required for the repair costs does not include VAT. The amount of money will be paid out net without VAT. I need a replacement car/rental car – will the costs of liability damage be covered? If your vehicle is downtime due to an accident, you have the right to rent a replacement car. The costs for this must be covered by the opposing insurance company. ATTENTION: In order to be reimbursed for the entire cost of the rental car, when choosing the replacement vehicle, you should make sure that it is an equivalent vehicle or is one class lower than yours. Compare prices and don’t rent a vehicle at any price.
You also have to pay attention to the duration of the repair. The opposing insurance company is only obliged to reimburse a replacement vehicle for the duration of the repair time for your vehicle calculated in the damage report. Exceptions when the calculated repair time is exceeded only exist if there are justified facts. I don’t need a replacement car/rental car – can I still get compensation? Yes. The amount of compensation depends on the respective vehicle type. The classification of the vehicle, which determines the amount of loss of use, can be carried out by an expert. Responsible for the content of the page Lawyer Traffic Law Liability Damage Hamburg Berlin: Lawyer Stephan Steinwachs (Lawyer Hamburg Berlin)