Minor damage after a traffic accident through no fault of your own: A cost estimate from a workshop is usually sufficient to claim the damage from the opposing insurance company. This must also pay for the legal fees.
In addition, the costs for a privately commissioned expert report must be borne. However, this only applies if damage exceeds the so-called minor limit.
The district court (AG) Braunschweig saw this limit in a judgment (Az.: 120 C 1071/21) at 700 euros, reports the working group on traffic law of the German Lawyers’ Association (DAV), but emphasizes: This sum can only provide orientation. Because in judgments of other courts, the limit was also 900 or even 1000 euros.
In fact, it is often difficult to assess whether there is a trifle or not, according to the working group – also and especially for those affected. A rule of thumb could be: In the event of scratches, it is better to go to a specialist workshop first.
The case before the AG Braunschweig was about a car driver who, after a traffic accident, wanted to be reimbursed by the opposing insurance company for damage of 1090 euros and a depreciation of 200 euros. He also demanded around 517 euros for a privately commissioned report.
However, the insurance company did not want to cover this amount. In the case of such a minor damage, she considered the consultation of a private expert opinion to be inappropriate. The victim of the accident complained. With success. The court set the de minimis limit at the said 700 euros, and the insurance company had to pay.
2023-09-01 02:24:29
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