Category: Traffic law / Civil

Motion of bias against expert declared well-founded: ‘Easter and Christmas fell on the same day’.

Decision: Bias of an expert witness, Schweinfurt Regional Court, decision dated 19.09.2017. Requests for bias only prove to be justified extremely rarely, since the court-appointed expert is generally granted a wide margin of discretion by case law with regard to the preparation of the expert opinion. This is probably also against the background that it

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