Local Court of Schweinfurt, judgment of 18.12.2025, file number 1 C 701/25

Additional legal fees recoverable in the event of multiple claims against the liability insurer

In proceedings conducted by us before the Local Court of Schweinfurt (Ref.: 1 C 701/25), we were able to obtain additional legal fees for our client. The focus was on the question of which attorney’s fees are reimbursable if the opposing liability insurance company only makes further payments (in part) after a claim has been filed and the claim has thus been settled. Liability on the merits was undisputed. Among other things, the remaining rental and expert costs as well as the reimbursement of legal fees were in dispute.

The special feature here was the process flow:

1. First, our client had to file a lawsuit because the insurance company did not pay on time.
2. The insurance company then made a partial payment, which settled the claim.
3. A residual amount remained, for which a claim was again filed after the deadline had expired.
4. Again, the insurance company subsequently paid part of the claim – again, the claim was settled.
5. However, the insurance company did not want to cover the costs of the legal action.
6. In the end, we actually had to file a lawsuit for the remaining claims (lawyer, rental car and expert costs).

Result: Reimbursement of legal fees for several orders

In its ruling of 18.12.2025 (Ref. 1 C 701/25), the Local Court of Schweinfurt clarified that the insurance company must also bear the increased legal costs incurred as a result of its conduct.

The court not only awarded our client the remaining damages, but also ordered the insurance company to pay 0.8 times the procedural fee per claim in addition to the normal business fee.

The court recognized that these fees are incurred and are to be reimbursed by the insurance company if a claim is filed but the claim is settled (e.g. through payment by the insurance company) before the claim is filed (see VV 3101 No. 1 RVG). The court stated:

“The entitlement to the reduced procedural fee already arises when the authorized representative has carried out any activity covered by the procedural fee. Receipt of the information or the order to file an action is also sufficient for half the procedural fee to be incurred.”

 

Extract

Local Court of Schweinfurt Ref: 1 C 701/25

ON BEHALF OF THE PEOPLE

In the legal dispute

[…]

• Plaintiff –

Attorneys of record: Rechtsanwälte Grüne & Partner Rechtsanwälte mbB, Mainberger Straße 36, 97422 Schweinfurt, Gz: 254/25 GG

vs.

[…] Versicherung AG, represented by the Management Board, […], Gz: […]

• Defendant –

Attorneys of record: Attorneys […], […], Gz: […]

for damages

the Local Court of Schweinfurt by the judge at the Local Court […] issues the following order on December 18, 2025 on the basis of the facts of November 11, 2025 without an oral hearing with the consent of the parties pursuant to Section 128 (2) ZPO

Final judgment

1. the defendant is ordered to pay the plaintiff € 23.82 plus interest thereon at a rate of 5 percentage points above the respective base interest rate since 30.04.2025 and a further € 278.10 plus interest thereon at a rate of 5 percentage points above the respective base interest rate since 08.08.2025. The remainder of the action is dismissed.

[…]

Facts of the case

The plaintiff is claiming damages from the defendant for a traffic accident that occurred on 01.04.2025 in the […] area.

The full liability of the defendant on the merits is undisputed between the parties, the remaining rental car costs and the remaining expert costs are disputed.

[…]

Reasons for the decision

I) The admissible action is partially justified. The plaintiff has a residual claim for damages against the defendant in the tenor of the claim.

1. The full liability of the defendant on the merits is undisputed between the parties.
2. Amount of damage

[…]

In addition, the asserted 0.8-fold fees (partly from the adjusted value in dispute up to € 10,000) could be claimed. These fees are incurred if an assignment ends before any of the activities listed in VV 3101 No. 1 RVG have been carried out. The entitlement to the reduced procedural fee already arises if the attorney has performed any of the activities covered by the procedural fee. Receipt of the information or the order to file an action is also sufficient for half the procedural fee to be incurred (Gerold/Schmidt/Müller-Rabe, 27th ed. 2025, RVG VV 3101 para. 64). It is not necessary to prepare a statement of claim. Adding the postal and telecommunications flat rate and 19% VAT, the claim amounts to € 1,251.76. After deducting the € 973.66 paid, a residual claim in the tenor amount remained.

IV) The decision on costs is based on Sections 91 (1) sentence 1, 92 (2) no. 1 ZPO, the ruling on provisional enforceability is based on Sections 708 no. 11, 711 sentences 1 and 2 in conjunction with 709 sentence 2 ZPO

signed.

[…] Judge at the local court

Announced on 18.12.2025 signed.

[…]