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Emergency

Damage on the basis of the report: fictitious billing after the accident

You do not have to have your damaged car repaired to be compensated: with fictitious billing you have the net repair costs shown in the report paid out and decide yourself whether, where, and how you repair. However, some special rules apply.

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Your chances of getting your money back

As the injured party you can bill fictitiously on the basis of the report and demand the net repair costs, even if you do not repair (or repair more cheaply) (§ 249 BGB). VAT is only paid if it is actually incurred.
Under certain conditions, the insurer may refer you to the hourly rates of an equivalent independent specialist workshop. For newer or full-service-history vehicles, such a referral is often not reasonable.

What you should do now

  1. 1

    1. Base it on the report

    Have the repair costs, diminished value, and additional costs determined by your appraiser.

  2. 2

    2. Bill fictitiously

    Demand the net repair costs to be paid out. VAT is only reimbursed if it is actually incurred (i.e. with a real repair/purchase).

  3. 3

    3. Check the referral

    If the insurer refers you to a cheaper workshop, check whether it is equivalent and reasonable for you (age, condition of the car).

  4. 4

    4. Do not forget residual claims

    You can additionally assert diminished value, appraiser costs, and a lump-sum cost allowance.

How to spot the scam

  • The insurer refers you across the board to a 'cheap partner workshop'.
  • VAT is deducted even though you do not repair at all (that is correct), but also refused for a real repair.
  • Diminished value and additional costs are 'forgotten'.

Frequently asked questions

What does fictitious billing mean?

You have the damage paid out on the basis of the report (net repair costs), without actually having it repaired, and decide yourself how to use the money (§ 249 BGB).

Do I also get the VAT?

Only if it is actually incurred, that is, if you repair or buy a replacement vehicle. With purely fictitious billing without repair, VAT is not reimbursed.

May the insurer refer me to a different workshop?

Under certain conditions, to an equivalent independent specialist workshop. For newer or consistently full-service-history vehicles, such a referral is often not reasonable, so the brand-bound hourly rates apply.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.