If you are not at fault: €0 for you · §249 BGB · BVSK-Honorartabelle €550–€2,600
Direct Answer · §249 BGB · BVSK-Honorartabelle
Direct Answer · §398 BGB Sicherungsabtretung
The opposing liability insurer covers 100 %: expert report, lawyer, repair shop, rental car, diminished value, loss of use. You pay €0. This includes legal fees and court costs in case of dispute.
Only comprehensive insurance (Vollkasko) covers the damage — subject to your deductible (typically €300–€1,000). Lawyer and expert fees are generally not reimbursed. Diminished value and loss of use do not apply.
Fees are based on the BVSK-Honorartabelle and scale with the vehicle's replacement value. Regional ranges: €550–€2,600. Examples: damage €5,000 → approx. €700 expert fee. Damage €15,000 → approx. €1,400. Damage €30,000 → approx. €2,200. The calculation follows the BVSK HB-V survey from 2025.
In a no-fault accident with damage exceeding €750: the opposing liability insurer covers 100 % under §249 BGB. You pay €0. Billing runs directly between the expert and the insurer via a Sicherungsabtretung. If you are at fault, your Vollkasko pays (subject to deductible) — without Vollkasko, you pay out of pocket.
For damage below €750, case law generally recognises no entitlement to an independent expert — a repair shop estimate suffices. The exact threshold varies by OLG (range: €700–€1,000). Our recommendation: have the workshop inspect even seemingly minor damage — hidden damage is often more expensive than expected and may justify a full expert report.
Under a Sicherungsabtretung (§398 BGB), the injured party assigns the claim against the opposing insurer — up to the amount of the expert fee — to the expert. You sign once; the expert then settles directly with the insurer. You bear no insolvency risk and no upfront payment risk. BGH case law: insurers may not unilaterally reject the assignment.
A common insurer tactic: fee reduction citing "locally customary" rates. The BGH has rejected this in multiple rulings (VI ZR 50/15, VI ZR 76/16): the BVSK-Honorartabelle is a permissible basis for estimation. Our partner law firm routinely recovers reduced fees — if successful, the insurer bears the legal costs.
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