The District Court of Saarbruecken is using its ruling 24th September 2010 (13 S 216/09), the fictional accounting of a traffic accident (Sg opinion-based) fundamentally affected and a decision made at the expense of accident victims. A woman wanted to settle in the opponent's liability insurance of their claims. It was a dent on the door. The woman appointed an expert who identified a repair damages of € 964.88. The insurance company refused to regulate the net cost of repairs and referred the woman to the so-called "smart-repair-method" and paid off an amount of € 293.10. The lawsuit against the insurance company for payment of the remaining balance was unsuccessful. The court held that the applicant has to accept the alternative repair method claiming it was equivalent.
So far there was "only" dispute over reduced UPE - premiums, transportation costs and reduced hourly rates. Already here, try the liability insurer to make significant sums. This decision could - if it is confirmed by other courts - to change the notional accounting loss, however basic. It is expected that the insurers in the future for small damage and the intended victim is always fictional account only the cost of making smart-repair will report. Whether in the event that is truly equal and justified it is to accept at least not safely. Lawyer Representation is not merely the extent contested in traffic accidents, but - because of the complex loss positions - for all traffic accidents recommended.
Until now, the smart-repair process in the insurance case applied only to collision damage. The attack on the civil liability system was to be expected though, but is new to this form.
This decision once again that the involvement of a specialist on the traffic law attorney is needed to avoid a rigorous cancellation or reduction of damages.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealer Association for Traffic Law and Traffic Law Member of the Working Group 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, Eichendorff Strasse 14, 10115 Berlin
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