If you are afflicted with a damage…
Important facts for damaged vehicle owners after an accident.
Drivers, being involved irresponsibly in traffic accidents, have a right to get beared by the authors of damage or their insurances. Consequently, drivers, relying too much on the confidence-building measures of the insurances, will finally suffer from an even higher damage due to their uncertainty.
Many vehicle owners are not aware that motor liability insurances always try to minimize their indemnities for damages.
This is being mostly effected by conducting reductions of indemnifications, interfering in the damage assessment actively, trying to appoint their own, familiar and suited assessors, whereas on the hand they are presenting themselves as “knights in shining armours”. Insurances often suggest that the injured person has to be content with the statement of the insurance.
Thus, you have to be very careful by interacting with insurances. Many questions by the insurance companies are mostly redundant and their solitary goal is minimising the monetary value of the damage to your account. Hence, as a matter of fact, injured persons should always insist on engaging their own motor vehicle assessor.
Consider the following advices for your own´s sake:
According to the German jurisdiction, injured persons enforcing
their authorized claims, are free to choose their own, independent motor vehicle assessors, in order to get their claims compensated by the indemnifiable insurance (apart from minor losses and damages not exceeding max. 750,- € costs of repair). You should not get carried- away by sweet-talk or threats from the insurance companies concerning the appointment of a motor vehicle assessor arranged by the insurance! In each and every case, you have the right to appoint an independent assessor, even if the opposing insurance company has arranged its own assessor or the insurance company forbears from arranging its own assessor. This stance somehow becomes even more important, as you partially liable for the damage are free to appoint an independent assessor, who then might be the only person to adduce evidence objectively in your favor.
Practical examples »
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So you have the right: |
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to engage an accepted and qualified assessor, |
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to choose a body shop of your confidence |
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to employ a lawyer of your confidence. |
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Be insistent that: |
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a qualified and independent assessor, adducing evidence, will be engaged to examine the damage. According to prevailing case law, injured persons can assert their claims for liability losses (apart from minor losses). |
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CALL CENTRE OF THE BVSK: +49 (0) 30/25 37 85-0 or call
our officedirectly +49 (0) 381/69 69 59. |
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Insist on engaging an assessor of your own choice. Insurances are not authorized to dismiss a qualified assessor in case of liability losses. As per prevailing case law statements of the insurances about the dispensability of the assessor are unremarkable, unless the damage is identifiable as a minor loss. |
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Do not accept estimations of the costs or expertises of the insurance. |
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Do not forget the depreciation of your vehicle determined by the assessor which is subject to be claimed. |
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Employ a lawyer of your own choice! |
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He represents your vested interests towards the author of damage and his liability insurance.
The appointment of a lawyer can guarantee that you will be fully refunded for your loss / damage. This includes compensation payments such as the repairing and healing costs, compensations for pain and suffering, overheads, loss of usage and your individual expenses for the replacement etc. This is your right! |
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