Getting paid out for accident damage: Is that possible?

Get paid out for car damages as an injured party: Here's how!

If there is a collision between two cars on the road , the accident victim is usually entitled to some compensation .

The opposing party's liability insurance is obliged to cover the resulting repair costs .

But what if the injured party doesn't want to have their car accident damage repaired? Can they still claim compensation from their insurance company? What laws must be observed in this case?

In this guide, you will find all the information you need to know about paying out for accident damage, even if no repairs are to be carried out on the vehicle.

Repairs not wanted? Get the motor vehicle liability claim paid out

If your vehicle only has a small dent or body damage, repairs aren't necessarily necessary . Many drivers choose not to repair the accident damage in this case .

Nevertheless, they are entitled to a certain amount of compensation . In legal jargon, this is referred to as a "fictitious settlement." However, this involves certain deductions compared to covering the repair costs .

Engage an expert

To determine the repair costs, you can commission an expert to prepare a damage assessment. Insurance companies often also employ an expert .

However, it is advisable to hire an independent expert : It is not uncommon for the amount determined to exceed the insurer's estimates .

The costs of an expert will be reimbursed by the opposing insurance company. However, this only applies if the damage exceeds €700 .

Repair the accident damage yourself

Tinkerers and hobbyists can often repair their cars themselves after an accident . Since they don't take the car to a specialist workshop, a different calculation method is required.

Before you claim compensation for a car accident , you should consider the following: In this case, the opposing insurance company will have to reimburse you a lower amount than it would have to pay in the case of a garage repair .

Until recently, accident victims could receive the amount that a repair at a garage would have cost. However, courts have ruled that not just any amount is appropriate. After all, accident victims aren't supposed to profit from the accident .

Need to repair or cash out an accident damage claim? Get advice!

It's often difficult for laypeople to assess whether a payout is worthwhile. Especially in cases of more serious damage , it's worth consulting a lawyer. The opposing insurance company is usually responsible for covering the legal fees.

Many insurers also object to the "fictitious settlement" option . If you want to be sure of receiving compensation for your accident damage, you should also seek legal advice.

The legal basis

Section 249 of the German Civil Code (BGB) regulates the injured party’s claim for damages:

(2) If compensation is payable for injury to a person or damage to property, the creditor may demand the necessary sum of money instead of repair. In the case of damage to property, the amount of money required under sentence 1 includes value-added tax only if and to the extent that it has actually been incurred.

This means that, according to the law, you are only entitled to VAT if you don't claim compensation for the damage to your car. VAT is only actually due if the repair is carried out by a garage .

Have a comprehensive car insurance policy pay out the damage?

The above statements apply to damages resulting from an accident that was not your fault . These are covered by the other party's liability insurance . However, the situation is different if you want to claim comprehensive insurance damages from your insurance company .

In this case, it's not always possible to claim compensation for the damage to the car. Certain insurance companies contractually exclude this option .