Your own expert report after the accident: your right to an independent appraiser

If you were involved in an accident through no fault of your own, you do not have to rely on the damage assessment of the opposing insurer. You may commission your own independent appraiser. For damage that is more than minor, the opposing side bears the appraiser costs.

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Your chances of getting your money back

As the injured party you may commission your own appraiser to determine the damage. For more than a trivial damage, the appraiser costs are part of the recoverable damage (§ 249 BGB).

For very small damages (the trivial-damage threshold) a cost estimate is often enough, and its costs are not always reimbursed. Above the trivial-damage threshold, a full expert report is justified.

What you should do now

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1. Choose your own appraiser
Commission an independent motor vehicle appraiser of your choice, not the one from the opposing insurer.
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2. Have the damage fully recorded
The report should show repair costs, diminished value, replacement value, and residual value.
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3. Assert your claims
Submit the report to the opposing insurer and demand settlement including appraiser costs.
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4. Mind the trivial threshold
For very small damage a cost estimate is enough. When in doubt, a quick call to the appraiser clarifies whether a report is justified.

How to spot the scam

The insurer pushes you to use only its own appraiser.
There is an attempt to reject the appraiser costs across the board.
Diminished value and additional costs are 'forgotten'.

Frequently asked questions

May I commission my own appraiser?

Yes. As an injured party who is not at fault, you have the right to commission an independent appraiser of your choice. You do not have to rely on the opposing insurer's estimate.

Who pays for the report?

For damage above the trivial-damage threshold, the appraiser costs are part of the recoverable damage and are borne by the opposing side (§ 249 BGB). For very small damages, a cost estimate is often enough.

What should the report contain?

Repair costs, a merchantable diminished value, the replacement value and the residual value, as well as the expected repair duration. This information is important to fully enforce your damage.

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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.