UPE surcharges in Schweinfurt customary in the locality and appropriate and therefore to be reimbursed even in the case of fictitious billing

15. February 2019 Traffic law / Civil No Comments

UPE surcharges in Schweinfurt customary in the locality and appropriate and therefore to be reimbursed even in the case of fictitious billing

Once again we had to deal with unjustified reductions by a liability insurer. After the latter was not prepared out of court to reimburse the UPE surcharges calculated in the damage appraisal, an action was brought before the Local Court of Rüsselsheim (where the accident occurred) and an expert appraisal was obtained from it. The district court ultimately reached the following conclusion:

After taking evidence, the court is convinced that the repair costs charged plus a 10% UPE surcharge are customary in the locality and reasonable.

In this respect, the court follows the convincing and detailed expert opinion of the expert. On the one hand, the latter researched and compared the local customaryness of the underlying labor prices and determined a comparable local customaryness and appropriateness of the billing rates from the expert’s report.

With regard to the application of UPE surcharges, not all workshops in the vicinity of the plaintiff’s place of residence charge such surcharges, but the majority of them do, so that it can be assumed that they are customary in the locality.

UPE surcharges in the Schweinfurt region customary in the locality, AG Rüsselsheim, judgment of 18.12.2018