Your rights
What you're entitled to as the injured party.
German law lays out very clearly what an injured party can claim from the at-fault insurer. The insurer's preferred channels often understate these rights — here's what you don't have to give up.
Call +49 176 22152891Free choice of appraiser
§ 249 BGB. You pick the appraiser; the at-fault insurer pays the fee. The insurer cannot force you to use their “preferred” one, and you don't have to accept their telephone-only damage estimate.
Free choice of repair shop
Same logic. The insurer can suggest a “partner workshop” but cannot demand you use one. Manufacturer-authorised hourly rates are recoverable when the car is younger than 3 years or has full dealer service history.
Diminished value (Wertminderung)
Even after a perfect repair, an accident-history car is worth less on the market. The difference is recoverable. Typical for cars up to 5–8 years old or higher-value classics.
Hire car or loss-of-use
You can either rent a comparable car (the insurer pays — typically minus a 10–15 % own-use deduction) or claim a daily flat rate (Nutzungsausfall) for the days your car is off the road. We calculate both options so you can choose.
Lawyer at the insurer's expense
In a non-fault accident, the at-fault insurer also pays for your lawyer (legal costs are part of the damage). For larger claims or contested fault we strongly recommend bringing a lawyer in early.