Confirmation of assumption of repair costs The legal situation has changed
Providers on the topic
Since 2022, the BGH has assessed the workshop’s claim based on assigned rights in invoice reduction cases differently than the claim of the injured party. This jurisprudence has been consolidated in new judgments.
Attorney Matthias Nickel (www.rae-mayen.de) regularly explains and comments on relevant court rulings for the Vogel Communications Group.
(Image: Susanne Duda)
In the judgment of April 26, 2022 (VI ZR 147/21), the BGH had already indicated that in cases of invoice reduction it would assess the workshop’s claim based on assigned rights differently than the claim of the injured party. This case law has been consolidated in judgments dated January 16, 2024, so that companies can no longer be advised to have the injured party assign their claims in the event of liability damage.
The jurisprudence on workshop risk is a simplification of evidence, which enables the injured party to realize 100 percent of the repair costs upon specific billing, without the need for a lengthy and expensive taking of evidence by a court expert. If the injured party has presented the repair invoice, this represents an indication of necessity, with the result that the court can convict the insurer on the basis of the invoice alone in a dispute over the reduction of the invoice.
