The amount of the eligible assessment costs it is natural to focus mainly on the expert to the expert opinion spent working . According to the case the Federal Supreme Court, however, can in principle also be reimbursed in relation to the amount of damages calculated expert fees as required by the production cost of accident insurance and his opponent calls for a traffic accident (BGH, Judgement of 23 January 2007 - VI ZR 67/06 ).
The judges have in your decision, first, that the requested costs in principle to the damage directly related and according § 249 para 1 BGB are intended to offset capital disadvantages, see also BGH, Judgement of 30. November 2004 - VI ZR 365/03 . After § 249 paragraph 2 sentence 1 BGB the tortfeasor must pay to the restoration of the damaged thing necessary amount of money.
The judges emphasized that the accident victim was indeed obliged, under the command economy, it is reasonable in the context of the economical way to choose the repair the damage. The victim was not in principle to a study of the market available to it committed to make one for the tortfeasor and its liability insurer experts find the best price possible.
The Court has confirmed with its convincing decision that a car expert but the fact that he makes a reasonable amount of damages based on the flat-rate of the fee, the limits of lawful pricing does not exceed in principle. Damage reports are in fact usually do, to enable the implementation of damages. The correct determination of the damage amount is owed by the experts here as a success, for which the experts ultimately liable.
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