An accident victim can from the insurance of the other party necessary for the repair of his vehicle Repair costs up to a limit of 130 percent of the replacement value of the damaged vehicle demand. The necessary data can be found in the victims best a damage assessment, if he has a kind commissioned. If the replacement value of the car, for example, at 10.000 EUR, it can be repaired for up to 13,000 EUR, provided the repair is carried out professionally and at least in terms of value to an extent, as found by the expert in his damage assessment is based - as far as the currently used jurisprudence of the Bundesgerichtshof (BGH).
has in a recent decision, the Supreme Court addressed the question whether this is true even if the injured the repair not new, but taking all used parts can (BGH v. 14.12.2010, Az: VI ZR 231/09). In the underlying case, the repair cost was 3,746.73 EUR, the replacement value of 2,200 EUR and the residual value of the vehicle to 800 EUR. The expert had the repair costs (as usual) calculated with new parts. The victim left her car for 2,139.70 EUR expensive repair with used parts and demanded that amount from the insurance. After this decision, it had actually incurred the repair costs, too. So when the experts arrived in his calculations to the conclusion that the repair costs exceed the 130 percent limit, it may be advisable for the victim to have to create a spreadsheet using used parts. If necessary. then this is the 130 percent limit. Otherwise, namely only the replacement cost would be replaced, ie replacement cost less residual value: In the case of BGH 2.200 EUR /.. 800 EUR = 1,400 EUR.
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