Expert opinion or cost estimate - €750 makes all the difference

After a road traffic accident, you as the injured party have the right to have an expert report drawn up by an independent expert at the expense of the party responsible for the accident. The expert opinion has significant advantages for you compared to a cost estimate prepared by the garage. However, the right under Section 249 (2) sentence 1 of the German Civil Code (BGB) to charge the expert's costs to the party responsible for the damage requires certain preconditions, e.g. a minimum damage amount of around €750. In our guide, we explain when an expert opinion and when a cost estimate is the right choice for you.

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".

A Cost estimate is drawn up by the workshop. For this purpose, the amount of damage is estimated according to the assessment and price table of the respective workshop 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.

Determining the amount of damage on your own is not a good idea, as the opposing insurance company will doubt your figures. The insurance company will then recommend an expert from its own network, who will be obliged to the insurance company accordingly.

In such a situation, you should definitely make use of your right to request a independent expert to commission an expert. This is because an expert who has been commissioned by the insurance company will usually calculate the damage in favour of the liability insurance. In concrete terms, this means less money for you as the injured party.

Our tip: For the preparation of an expert opinion, you should consult a independent experts on your behalf. In the faire-Regulierung 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.

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. However, the problem here 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. If, in the course of dismantling, consequential damage from the accident that was not calculated in advance is discovered 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 benefits 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.

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.

ImportantOnly an expert opinion has an 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. The vehicle involved in the accident has often 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 any downtime caused by 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 faire-Regulierung 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:

• You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster hier online.
• Our experienced team of specialists will examine your case immediately and discuss the next steps with you individually.
• Your claims settlement is prepared with all the necessary documents, the required service providers such as surveyors, garages etc. are coordinated for you and you are kept up to date on all settlement progress until the final payment. Smart users can even do this via our popular HIS (customer information system)!