Why hire a specialist in the traffic law attorney after a traffic accident is required, as the following case:
After a traffic accident through no fault of the victim our firm was responsible for handling the damage items. Before the commissioning of our firm continued as a civil liability insurance in connection with the victim and offered a friendly but firm to the settlement under active claims management. The victim wanted was pleased to take care of the opposing party liability insurance for everything and take him to work.
The liability insurance was responsible immediately its own experts to visit the vehicle damage. The experts identified a total loss.
the replacement value estimated by experts with 4,950 €. It was from a residual value bid of € 2,377.00.
The estimated repair costs of experts to € 5,195.00. As the repair costs exceed the replacement value, was present according to reports a total loss. The victim, however, intended to repair his vehicle in-house and use further. The Insurance regulated but first on total loss basis (replacement cost less residual value) an amount of € 2,573.00 and waited for the presentation of a workshop statement.
Since here, however, was present, according to reports a total loss, would have the intended partial or self-repair may be performed only under certain conditions. The Supreme Court is in its ruling of 8 December 2009, VI ZR 119/09, in this case requires the following:
compensation for repair costs up to 30 percent of the replacement value the vehicle may only be required if the repair is carried out professionally and in a size such as that made by the experts on the basis of his estimate.
This is of course at a repair on your own hard to realize and certainly difficult to prove. After repair, the insurance continued to insist to settle the damage on total loss basis, and paid no further compensation. Mandated by the insurance experts noted fact that the repair was not just made in the size such as that of the experts had taken on the basis of his estimate. Thus, not including various repair damage, various spare parts were replaced with spare parts.
victims often do not know that, is that the replacement value can be evaluated quite differently. Thus, the expert in the assessment, provision of a certain latitude. This was exploited here in favor of the insurance down.
After the victim's opinion submitted by the insurance firm, was transferred immediately to the replacement cost of the review to an available expert. Because of this low quotation was obvious that this "artificial" a total loss should be constructed.
The switched on by the firm experts assessed the replacement cost because of the vehicle state to € 5,450.00, well above the calculated cost of repairs. This was a so-called "sub-hundred-case" before.
This new facts (the replacement value of repair costs); which were finally accepted by the insurance also could repair the injured part, their vehicles, but the quality did not matter and received by the liability insurance, the cost of repair to the replacement value.
Without the review of the insurance would report the victim in this particular case, only the replacement value minus residual value remains. The victim would be a loss of around € 2,400.00 (50%) emerged.
Reference is again clearly clarifies that the active claims management liability insurance only serves its own interests. Even if it is at first sight for injured very easily to leave the management of the insurance, they should in their own interest that intention.
In a no fault accident will include the cost of its own expert and the lawyer of the opposing party liability insurance taken so that the victim receives no financial risk. With the involvement of a specialist on the traffic law attorney, the victim may be safe after a traffic accident, that his rights be enforced in full.
About the author: Thomas Brunow lawyer is 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
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