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settlement of accident damage

The jurisprudence of the Supreme Court for settlement of motor vehicle damage will be continued permanently. Due to the uncertainty of the accident victims, we want to give a brief overview of the different accounting methods after a traffic accident:

is Where the damage to the motor vehicle (including depreciation) of the replacement value (SG 130% payroll):

• if the victim is not repaired, it receives only the replacement value minus residual value
• If the injured part repaired, then he also receives only the replacement value less residual value. For specific billing, however, to the replacement value.
• if the victim fully and properly repaired, it receives the full cost of repairs. Here, the vehicle must be 6 months will continue to be used. (The Supreme Court (BGH VersR 09, 128), provide for the six - month period but no due date required).

If a vehicle as part of the 130% - should be fixed limit to be placed high demands. It is usually referred to in the opinion of the repair pathway mandatory. Extras result here, if it is found only during the repair, that the 130% limit is exceeded.

If the damage to the motor vehicle (including depreciation) under the replacement cost and the replacement value minus residual value is:

• if the victim his car repaired is not (because roadworthy), he the repair costs to replacement value, unless he sold it within six months. Then his claim reduced to the replacement cost less residual value.
• if the victim partially repaired (quality does not matter), then he gets the repair costs to replacement value. Without proof (notional billing), he again has the holding period of six months.
• If the victim can be subject vehicle repair and properly, he will receive the repair costs to replacement value. Continued use is then not necessary. This also applies to a self-service.

Based on the first sight is not very easy billing options, we recommend following a road accident urgently appoint a lawyer specializing in the transport law (found on www.schadenfix.de ).

About the author: lawyer Thomas Brunow's legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.

more info: www.verkehrsrecht-24.de

lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin