More and more bicycles are on German roads. Accidents are becoming more and more common. On the one hand, this is certainly due to the increased speed of e-bikes and pedelecs, but also to the fact that so many road users simply travel at different speeds, be they pedestrians, drivers, e-scooters or cargo bike drivers. If a bicycle accident occurs, the damage can now be quite high – depending on the equipment, modern bicycles can quickly cost a good four-figure amount. It is clear that the person who caused the accident or his insurance company must compensate for the damage caused. But does it also apply to the costs of an expert opinion, which first determines and quantifies the damage to the bicycle?
AG Ansbach: Expert fees are reimbursable
The Ansbach district court has addressed this issue (AG Ansbach, judgment of 3 November 2021, case no .: 1 C 571/21). It was concluded that the opponent must reimburse the costs of an expert’s report under certain conditions.
As is often the case, the opposing insurance company refused to cover the costs of an appraisal to determine the extent of the damage. He justified this by saying that the damage to the affected e-bike was below the minor limit. Furthermore, the total loss was obvious: a relationship alone is therefore not necessary. Finally, the insurance company also denied the expertise of the expert, as he was “only” a motor vehicle inspector, but not a bicycle inspector.
The court was not convinced by this argument. In this specific case, it deemed the expenses for an appraisal for an e-bike with a new price of over 2,000 euros to be reimbursed.
How does the court justify its decision?
In its decision, the court emphasized in particular that, given the new price of the e-bike, there can certainly be no minor damage. (Note: in the event of a road accident, for example, the minimum limit is around 700-1,000 euros.)
Even the fact that the bicycle was a total loss was not recognizable to a layman before the outcome of the relationship. Finally, the court found that the expert’s qualifications were sufficient to declare his expenses recoverable. On the one hand he clearly continued his training in the field of “bicycles”, on the other hand there was no specific training to become a bicycle expert. So if the court had followed the insurance company’s arguments, the appraisal costs would probably never have to be reimbursed for bicycle accidents in the foreseeable future. Opponents of the accident and the insurance company could therefore simply always indicate the expert’s lack of qualification as a bicycle expert. This decision of the Ansbach district court protects all injured in bicycle accidents from such a development.
Bicycle accident: what to do now?
Have you been involved in a bicycle accident and have you or your bicycle been damaged? Do not hesitate to contact me. I will check for you what property damage and, if any, personal injuries are to be compensated by the other party – and whether expert expenses in the specific case are also reimbursable. If you are not responsible for the accident, the other party is also obliged to pay the expenses for a lawyer.
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