After a road traffic accident, you as the injured party may generally commission an independent motor vehicle expert if the expert opinion is required to determine the damage. The costs of a necessary expert opinion are regularly part of the compensable damage according to § 249 BGB and must be borne by the liability insurance of the person responsible for the accident.
In the case of purely minor damage, however, a cost estimate from the garage is often sufficient. There is no fixed legal limit; a range of around €700 to €1,000 is often used as a guide. However, the individual case is always decisive - in particular whether there is hidden damage, a reduction in value or an interest in preserving evidence.
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A cost estimate is drawn up by a workshop and contains a repair cost calculation. It is particularly suitable for minor, clearly recognisable damage.
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A motor vehicle appraisal is prepared by an expert. It documents the damage more comprehensively and can take into account previous damage, repair route, replacement value, residual value, depreciation, loss of use and repair time.
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A cost estimate is often sufficient for minor damage. The limit is not set by law; a range of around €700 to €1,000 is often given as a guide.
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An independent expert opinion is usually advisable in the event of major damage, unclear damage amounts, possible concealed damage, depreciation or disputes about the circumstances of the accident.
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If you were involved in the accident through no fault of your own, the necessary costs for an expert opinion or cost estimate are generally reimbursable. In the case of joint liability, the reimbursement is usually pro rata.
Cost estimate and expert opinion: What do the terms mean?
To find out whether a motor vehicle appraisal or cost estimate is advantageous for you, you must first familiarise yourself with the two terms "cost estimate" and "appraisal".
From a damage amount of approx. € 750, you should have an expert opinion drawn up by an independent expert.
A Cost estimate is drawn up by the workshop. For this purpose, the amount of damage is estimated according to the workshop's assessment and on the basis of its price structure, and the items to be repaired are listed. Each workshop is therefore obliged to display its hourly rates in the customer area.
A Expert opinion on the other hand, is more complex to prepare. A motor vehicle appraiser looks at the accident vehicle in detail, also documents previous damage, carries out a plausibility check and also documents damage items for you that are not taken into account in a cost estimate.
Why do I need an expert opinion or a cost estimate?
The preparation of an expert opinion or a cost estimate is a prerequisite for you to be able to claim a specific amount for the vehicle damage from the insurance company liable to pay benefits.
In order to be able to correctly quantify your damages, it is essential to have an expert opinion or cost estimate drawn up.
The opposing insurance company can recommend an expert to you. However, as the injured party, you do not have to accept this recommendation. It often makes sense to appoint an expert yourself. independent experts in order to ensure neutral preservation of evidence and complete damage assessment.
Our tip: For the preparation of an expert opinion, you should consult a independent experts commission. In the fairforce.one network, you have access to tried and tested, reliable experts from all the major expert organisations in Germany. The respective expert can even come to your home. You still have the right to call an independent expert even if the opposing insurance company has already commissioned an expert.
Accident victims in your situation simply get the best support from fairforce.one.
Expert opinion or cost estimate: these are the differences
Whether an accident appraisal or a cost estimate is an option for you depends on a number of factors. Let's take a look at these in detail:
The Cost estimate is cheaper and is prepared with less attention to detail than the requirements for an expert opinion. The problem here, however, is that the claims that are calculated from this can also be lower than usual on the market. If, for example, the independent garage outside the big city calculates with very low hourly rates, the amount calculated in this way will probably not cover the costs of a repair in your local brand garage The price stated in the cost estimate is also usually binding. If, in the course of dismantling, consequential damage from the accident that was not calculated in advance emerges during the repair, these additional costs may fall back on you without being covered. In this case, a subsequent inspection with a so-called repair extension is documented by the expert and the claim against the insurance company liable to pay is adjusted upwards accordingly.
Good to knowHowever, if the damage is minor, i.e. less than approx. 750 euros, the cost estimate is the right choice, as it is not economically appropriate to commission an expensive expert opinion for relatively minor damage. However, 750 euros should not be understood as a fixed sum. It is important that the damage is minor. Minor damage is damage that amounts to a small sum in the case of property damage. As a guideline value for insignificant property damage, some courts even specify a damage amount of up to 1,300 euros. However, this may vary from court to court. Personal injury always rules out categorisation as a minor accident.
From a Amount of damage from approx. 750 Euro you should have an expert opinion drawn up by an independent expert. This must be paid for by the insurance company of the person responsible for the accident. As the injured party, you will be exempt from the costs, as they will be charged to the party responsible for the accident as part of your claim for damages in accordance with Section 249 BGB. If you are unsure whether an expert opinion is an option for you, our experts will be happy to help you. We guarantee that we will examine and advise you free of charge; if we are given a mandate, we will settle the claim against the liable party, who will also have to pay our fee as an authorised legal service provider.
Accident victims like you get the best support from fairforce.one.
Have your accident reported now free of charge and without obligation by our regulation specialists.
Expert opinion despite cost estimate
If you already have a cost estimate, you can also order an expert opinion despite the cost estimate. The biggest difference between a cost estimate and Expert opinion is that the risk of an increase in the costs of an expert opinion lies with the expert or the garage. If higher costs are later incurred during the repair, you as the injured party do not bear any financial risk and are safer. The only decisive factor in a specific settlement based on a damage assessment is the actual repair costs incurred according to the invoice.
In addition, a professional damage appraisal takes into account valuable damage items for you - such as the Impairment - that are not reflected in a cost estimate.
For example, these are:
- Consideration of the visual and technical condition of the vehicle
- the observance of standard and/or special equipment or special conversions
- the consideration of repaired and unrepaired previous damage, the repair and replacement period as well as any reduction in value and loss of use.
ImportantAn expert opinion has a much stronger evidentiary function in a possible civil lawsuit. If you turn up at the court hearing with a cost estimate, you are in a much worse position. Often the accident vehicle has already been sold or even scrapped at the time of the dispute. Only the preservation of evidence by means of an expert report promptly after the accident can save you in this unfortunately not so rare situation.
Advantages and disadvantages of the cost estimate
Advantages:
- If the damage appears to be minor at first glance, the costs of an expert are generally not paid by the opposing insurance company. However, the cost proposal is.
- With its cost estimate, the workshop makes a binding promise to repair at this calculated price. This can give you planning security in terms of price
Disadvantages:
- Some damage items are typically not included in a cost estimate, as only the calculation of the repair costs are listed here. For example, the reduction in value is not included.
- In contrast to a motor vehicle appraisal, the cost estimate is not considered evidence in the event of any subsequent disagreements
- If unlisted damages, so-called repair extensions, occur in the course of the repair, you must pay for these yourself in case of doubt.
Advantages and disadvantages of the motor vehicle appraisal
Advantages:
- The reduction in value is included in the appraisal.
- The damage report comprehensively covers all damage caused to the vehicle, including expected downtimes resulting from the repair.
- If further accident damage is discovered on the vehicle during the repair, the insurance company will bear the costs for this, as the risk of prognosis lies with the motor vehicle assessor.
- The expert report also serves as protection for you, particularly in the event of legal proceedings, as it comprehensively documents the damage to the vehicle.
Disadvantages:
- In the case of minor damage, the expert's costs are in breach of the duty to minimise damage and are therefore rightly not paid by the opposing insurance company in the case of obvious minor damage.
- If you are partly or even wholly at fault for the accident, you are responsible for some or all of the costs of the expert.
Steps towards fair claims settlement
Have you been involved in an accident through no fault of your own? We at fairforce.one will check and advise you as to whether settlement based on an expert opinion or cost estimate is right for you.
The proven process for you at a glance:
Is a cost estimate sufficient in court?
A cost estimate can roughly quantify the damage, but is no substitute for a comprehensive preservation of evidence. In the event of disputes, an expert opinion is generally much more meaningful.
