A free choice of appraiser
You decide who carries out the appraisal. The other party's appraiser works on their instructions, not on yours.
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The most common question after a collision, and the one with the most reassuring answer: if the collision was not your fault, you do not as a rule pay for the appraisal yourself. There are, however, situations in which that changes.
Whoever causes damage owes, under § 249 of the German Civil Code, the restoration of the original condition. That covers not only the repair costs themselves but also the costs necessary to establish the damage in the first place. The appraiser's report counts among those costs of establishing the loss.
Where liability is clear we therefore invoice the other party's liability insurer directly. You advance nothing, and you receive no invoice that you have to settle yourself and reclaim later.
This works through an assignment by way of performance: you assign to us your claim for reimbursement in the amount of the appraisal fee, and we assert it against the insurer.
You decide who carries out the appraisal. The other party's appraiser works on their instructions, not on yours.
Where liability is clear we invoice the insurer directly. You do not pay anything up front.
If the insurer reduces the appraisal fee, that concerns our relationship with them in the first instance, not yours with us.
Three situations depart from the principle. In all three we raise it openly beforehand, so that nobody is caught out.
With a minor damage case an appraisal counts as unnecessary – the cost would be disproportionate. There is no fixed monetary threshold; in practice a range of around €750 to €1,000 is often cited. Below that a workshop repair estimate usually suffices.
Where there is contributory fault reimbursement is reduced in line with the liability split. If the other driver bears 50 per cent, the appraisal fee is reimbursed proportionately too.
Im comprehensive-insurance claim – that is, where you caused the damage yourself – your own insurer normally commissions the appraisal on its own terms.
Insurers reduce appraisal fees with a certain regularity – usually saying the fee lies above the customary range. For you as the injured party that changes nothing initially: the argument about the amount is one we have with the insurer.
What matters is whether, from your point of view at the time you gave the instruction, it was necessary and the amount was not obviously unreasonable. As a layperson you are not expected to know the market for such fees.
If a reduction stands, bringing in a solicitor specialising in German road traffic law is the usual next step. We are happy to suggest contacts.
Before we take anything on, we tell you who bears the cost in your case. With no surprises.
Head office in Schramberg-Sulgen, branch office in Rottweil. For the damage inspection we come to you in any case – on site, at the workshop or at your home.
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