Referral to cheapest workshop (here: Mühle GmbH) inadmissible, LG Schweinfurt, judgment of 02.06.2017

11. November 2017 Traffic law / Civil No Comments

Referral to cheapest workshop (here: Mühle GmbH) inadmissible, LG Schweinfurt, judgment of 02.06.2017

Many victims of traffic accidents – if they decide to settle the claim themselves and without the assistance of a lawyer with the other party’s liability insurance – receive mail from the insurance company in the form of an “inspection report” reducing the injured party’s repair costs resulting from a cost estimate or an expert opinion. Alternatively, if the injured party agrees to have the vehicle appraised by an expert from the insurance company, contrary to our recommendation, the lowest of all available hourly billing rates is immediately applied. In the present case, the referral was to Mühle GmbH in Bad Kissingen.

However, this is inadmissible:

According to the established case law of the Schweinfurt Regional Court, a referral to a workshop that offers hourly rates far below the average prices of non-brand-name workshops is unreasonable. This results from the fact that the injured party does not have to be referred to the cheapest workshop if the hourly rates are not in line with the market and local rates, but deviate significantly downwards from the local rates. A reference thereto is therefore inadmissible and the hourly billing rates cannot be included in the calculation of the hourly billing rates customary in the market.

Get advice from us immediately after a traffic accident and do not accept any “offers” from the insurers! If asked, explain that you are turning the matter over to an attorney and that he or she will contact the insurance company. As a rule, the liability insurance of the party responsible for the accident pays the attorney’s fees in the case of traffic accidents for which the party is not at fault.

So make an appointment as soon as possible, Mr. Grüne will be happy to advise and represent you.

Mr. Grüne is a member of the DAV (German Traffic Lawyers Association), which has compiled further information on your rights after a traffic accident:

Traffic accident: rights

First steps after the accident