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§ 249 BGB · Free choice of expert · BGH VI ZR 67/06

"We'll send you our appraiser" — do you have to accept that?

No. In a no-fault accident, you have the right to freely choose your own independent expert (§ 249 BGB). The opposing party's "trusted appraiser" works for the insurance — your expert report costs you 0 €.

You have the free choice — not the insurer

The right to your own independent expert follows directly from the claim for restitution in kind (§ 249 BGB). The appraiser provided or paid by the opposing insurer is not neutral — they serve the interest of keeping the settlement low. Commission your own expert report before repairs begin (evidence preservation).

  • Your own independent expert — free choice
  • The insurer's appraiser appointment is not binding on you
  • Fees per BVSK-Honorartabelle are reimbursable
  • Diminished value is assessed separately

Your expert vs. the insurer's review service

Both assess the damage — but acting in different interests. The difference determines your reimbursement:

CriterionYour own expertInsurer's review service
ClientYou as the injured partyThe opposing insurer
InterestFull extent of damageSettlement as low as possible
Diminished valueAssessed separatelyOften not reported
Evidential valueIndependent expert reportParty Assessment
Your Costs0 € (§ 249 BGB)

More on free choice of expert

Did you receive exactly this letter?

Our partner law firm for traffic law responds on your behalf, free of charge — with BGH-backed counterarguments, coordinated through Claimondo. In a no-fault accident, the opposing liability insurer covers the costs (§ 249 BGB).

Your own expert instead of the insurer's assessor — costs you 0 €.

Anonymous first assessment. Response in under 15 minutes. In a no-fault accident, the other party covers the legal fees.

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