TECHNICAL TERMS / FAQ » Print
» Deductions “new for old” (full comprehensive loss)
» Valuation /Appraisal of time value / replacement value
» Minor loss
» Preservation/Conservation of evidence
» Fictitious accounting 70%
»
Problems and questions
» Market value (Oldtimer, Classic Cars)
» Compensation of the time of nonuse
» Victim border
» Confirmation of repair
» Release of repair
» Residual value
» Total loss
» Previous damages
» Depreciation / loss in value
» Betterments
» Reorder time
» Repair value
» Marks of condition


Deductions “new for old” (comprehensive coverage loss)
The deductions “new for old” are regulated in § 13 / 5 AKB. "AKB" is the abbreviation for the German "General vehicle insurance terms" and more precisely "General terms and conditions for motor vehicle insurance". In the vehicle insurance bulk business the AKB serves to regulate the content of insurance policies. Naturally the AKB can only regulate the relationship between the policy holder and the insurance company. The extent of liability to third parties is regulated by the laws on third party damage (look at “Betterments”).

Valuation /Appraisal of time value / replacement value
back to top
• Replacement value (liability):
According to the damaged vecicle the replacement value is the price to get a comparable car from a reputable car dealer after scrutinising (the costs for a technical inspection by an assessor and a body-shop-guaranty are not included).

• Replacement value (AKB):
According to the new AKB (since 1995) the replacement value reffering to a comprehensive coverage loss is the price to buy an equivalent used car or equivalent several parts. So, the appraisal of the replacement value is the same procedure as in the case of a liability loss.

• Time value:
According to loss settlements this term is not used any more.
Market value (Oldtimer, Classic cars, etc.):
The market value numeralises the actual price of a vehicle in the market. Regularly it is an avarage price reffering to the private market used for charging by the insurances. Market values are gross prices and contain value added tax (according to § 57 VVG).

Minor losses back to top
Losses and damages not exceeding max. 750,- € costs of repair are minor losses. In case of this “noticeable little damages” the compensation of the costs for an assessor and an expertise is NOT the right of an injured person (result of many judgements since 1995). Reffering to this we offer examining the amount of damage and to compile a professional estimation of costs. In opposite to many others, our estimations of costs have a verifiable quality (because of attached pictures) and are accepted by the insurances.

Preservation of evidence back to top
Many situations necessitates documenting particular circumstances or defects by an independent assessor.
So, in case of a dispute, an injured person is able to show a document, to nominate a competent witness and to prove assertions preventing to be held responsible for the circumstances or defects.

Notional accounting 70% back to top
BHG-judgment notional accounting (please click here)

Questions and problems back to top
• What is the value of my car?
• Is the price to high for the offered used car?
• Is the car accident-free?
• Are the calculated workings made correctly?
• Are there defects to repair?
• Which defects are to repair?
• Do I have to accept this expertise or assessor?
• Can this damages be assigned to this accident?
• What are the costs?

Ask one of these or similar questions...we help answering!

Market value (oldtimer, classic cars) back to top
The market value numeralises the actual expected purchase-and-sale-price in the private market. The market value of rare vehicles and commercial distributed cars are also calculated with the current market price (net price), results of international auctions (without VAT) and the international market situation.
The special insurance for oldtimer ist based on the market value and represents the maximum limit of compensation reffering to own damage claims of oldtimers or classic cars. The market value is VAT-neutral.

Compensation for the time of nonuse back to top
If an injured person does not use the right to rent a car during the time of repair or replacement time, there is a right to get compensated under the following circumstances (e.g.):
• The vehicle is not roadworthy anymore
• In case of a total damage
The exact compensation balance can be calculated by an assessor.

Maximum limit for victims back to top
• BHG-judgment 130% Maximum limit for victims (click here)
If the assessor estimates that the costs of repair are 30% (max.) higher than the current replacement value, allthough this costs of repair can also be compensated.

Repair confirmation back to top
To verify the realising of a reparation an injured person has the right to appoint an assessor.

Repair enabling back to top
As long as the expected costs of repair do not reach the replacement value, the vehicle basically can be repaired.
If the costs of repair have passed 70% of the replacement value and in case of the notional accounting, after verifying the repair the loss will be compensated, based on a total damage (replacement value minus residual value).

Residual value back to top
The residual value represents the realisable price of sale of the damaged vehicle. The residual value can NEVER be the difference between the replacement value and the costs of repair. The residual value is affected by other influencing variables like the marketability of the vehicle, possibility of repair, damages, and market values of the damaged vehicle or undamaged several parts.

Total loss back to top
If the repair of a damaged vehicle is impossible or uneconomical, especially if the costs of repair are higher than replacement value, there is a total loss existing.

previous damages/losses back to top
Repaired and unrepaired damages caused by previous accidents represent the previous losses.

Reduction in value back to top
There is a difference between technical and mercantile reduction in value. The reason for using a mercantile reduction in value is, that people distaste for buying previous damaged cars, because they fear hidden damages.
This affects the price of sale. A technical reduction in value for accident-caused and unrepairable defects will also be compensated monetarily.

Betterments (liability loss) back to top
In case of a liability loss it is necessary to check how much the sale value of the vehicle would be increased caused by the repair. This added value represents the betterment, but an enrichment is not allowed to take place.
Reffering to this, the repairing of several parts with previous damages has to cause the betterment of the total sale value.

Replenishment lead time back to top
The expected time to find a courtesy car is called replenishment lead time. The time span begins with the announcement of the expertise on condition that the replacement purchase will be occured with reputable second-hand car dealers.

Rebuilding value back to top
The rebuilding value numeralises the total costs of the vehicle composed of the cost price plus restoration costs.
This is important for circumstantiating a long and complex restoration. The price does not show the market value which rarely can be realised, unless in case of an absolutely equivalent replacement without using in the meantime.

Marks of condition back to top
• Mark 1:
Perfect condition. No defects, no damages. First class vehicles, unused originals, very rare!
Reffering to the actual second-hand car market it would be a new car (max. 1.000 km.).

• Mark 2:
Good condition, without any defects, but with slight traces of use. Professionally and costly restored. No missing or added several parts (unless the StVZO requires these parts). Reffering to the actual second-hand car market it would be similar to a 2-3 years old well-tended used car (max. 40.000 km).

• Mark 3:
Operative condition with usual traces of use. Rust-streaked, but no immediate workings necessary. Not beautyful but serviceable. Reffering to the actual second-hand car market it would be similar to a 4-8 years old well-tended used car (max. 50.000 - 100.000 km).

• Mark 4:
Exhausted condition. Not really roadworthy. Immediate repairs necessary. Lightly adhering rust. Some several parts are missing or defect. Easy to repair. "Not only at point-blank range" the defects of the vehicle are visible to the naked eye. Reffering to the actual second-hand car market it would be similar to a 7-10 years old bad-tended used car (110.000 - 160.000 km).

• Mark 5:
Bad condition. The vehicle is not roadworthy and needs to be repaired. Bad restorations or partly/completely decomposed. Major investments are necessary. Missing several parts. Object of restoration.
Reffering to the actual second-hand car market it would be similar to a 8-15 years old bad-tended used car
(min. 150.000 km). Technical defects or the last inspection (§29) cause the stop of a further use.

 
 
 
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