Transport costs are costs that are incurred because the accident-damaged vehicle has to be transported from one place to another as part of the proper and professional repair (e.g. to a separate paint shop or to measure the chassis after the repair has been carried out).
As part of his liability report and repair cost calculation, the motor vehicle expert determines whether or not transport costs of a certain amount will be incurred in the course of a repair, as is customary in the area.
The shipping costs are part of the costs of a proper and professional repair and also represent a recoverable damage item for the person injured in the accident.
1. Concrete accounting
In the specific damage settlement after repairs have been carried out, i.e. when submitting a repair invoice and claiming the repair costs actually incurred (including VAT paid), the opposing motor vehicle liability insurance company must reimburse the shipping costs as shown and incurred in the repair invoice. This applies in particular if the shipping costs were actually shown in the damage report as a necessary cost item and the injured party was therefore entitled to consider these to be necessary. Therefore, insurance can in particular not With reference to the so-called obligation to mitigate damages, demand that the injured party look for a workshop that has its own paint shop so that delivery costs do not arise from the outset. Likewise, the injured party does not have to drive to the paint shop himself after the body repair has been carried out in order to save delivery costs. Such assistance with repairs is unreasonable for the injured party.
2. Fictitious accounting
But also in the case of so-called fictitious billingi.e. if the injured party only has the forecast net repair costs paid out for free use by the opposing insurance company, the estimated delivery costs (in this respect net) must also be reimbursed – even if no repair is carried out and therefore no cost-incurring delivery of the damaged vehicle a paint shop or a surveying company:
The artificial splitting of the calculated repair costs into items not incurred and items incurred is prohibited. Ultimately, through fictitious billing, there may be no repair or cost item at all because the injured party does not have their vehicle repaired at all, not even partially.
Transport costs must therefore be reimbursed at least if, according to local customs, they would be incurred in the course of repairs in a workshop.
The following applies with regard to the reimbursable amount of delivery costs for fictitious billing:
If the damaged vehicle is not older than three years or if the vehicle is older than three years but has been consistently cared for, serviced and, if necessary, repaired in a branded workshop, the theoretical, local transport costs of a branded workshop are applicable.
However, if the vehicle is older than three years and has not been consistently cared for, serviced and, if necessary, repaired in a branded workshop, the opposing motor vehicle liability insurance company can refer you to a cheaper independent workshop with regard to the repair costs, in which case the delivery costs of this referral workshop are decisive.
3. Numerous objections from insurers
The motor vehicle liability insurers use their “cutting mania” very often unjustified and arbitrary under the item “Shipping costs”, for example with the following statements:
- Shipping costs are only reimbursable if they are actually incurred.
- The injured party is advised to look for a workshop that has its own paint shop in order to avoid shipping costs.
- The injured party is required to drive his vehicle to the paint shop himself after the bodywork has been repaired in order to save delivery costs.
- Delivery costs are not to be reimbursed if the repair company has a company or group-owned, albeit outsourced, paint shop (because it cannot be assumed that delivery costs will then be incurred).
- The transport effort (particularly in terms of time) and/or the amount of the transport costs are unreasonable or disproportionately high.
- No reimbursement of delivery costs if it only needs to be painted (according to the motto: If only one paint damage was caused, the vehicle can be taken straight to a paint shop).
- The shipment was carried out by the painter himself, so it is not apparent that any shipping costs were incurred.
- Delivery costs are only to be reimbursed according to the remuneration rates of a closer paint shop.
Have you had a traffic accident? We enforce your claims and resolutely counter objections from insurers – https://www.meinunfallpartner.de/
2023-12-13 21:49:26
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