Accident with shared fault: who pays for the report?

In an accident with shared fault (Teilschuld), each side pays its part of the costs according to the liability share (Haftungsquote). This also applies to the report (Gutachten). Example: with a split of 30 (you) to 70 (the other party), the other party's insurer pays 70% of the report costs. The remaining 30% stay with you. You can still hire the expert yourself. The liability share decides how the costs are split. It does not decide who may establish the damage.

Accident with shared fault? We tell you in advance what the liability share means for your report. Call us at 09131 91 66 143 or report the damage online.

Who sets the liability share?

People ask this question often, and it is rarely answered clearly. Here is the order in practice:

• The police document how the accident happened with a sketch, traces and witnesses. They do not make a binding decision on who is liable under civil law and by how much.
• The liability insurers involved usually negotiate the share among themselves. If it is not clear how the accident happened, the result is often an equal split, for example 50/50.
• Your lawyer negotiates for you and may be able to reach a different share. He or she cannot set it.
• The court makes a binding decision if the parties do not agree.

And the expert? The expert provides the technical facts that all parties rely on. Fault and liability share are legal questions. The expert does not decide them.

Be careful at the accident scene: If the traffic situation allows it, move the vehicles only after you take photos. Photograph the final position of both vehicles, plus brake marks, debris and the surroundings with road signs. Write down the name and phone number of every witness, even if the question of fault seems clear right now. Weeks later, these photos decide whether the liability share can be negotiated or stays at an equal split.

How is shared fault calculated in detail?

Percentages say little without numbers next to them. So here is a worked example. Assume this damage:

Each item is multiplied by the reimbursement share separately. This gives:

Of the €850 in report costs, you pay €212.50, €425 or €595 in these three cases. That is the whole calculation. This is exactly why the next section is worth reading.

Priority right (Quotenvorrecht): how your own vehicle insurance favors you when you share fault

If you have collision and comprehensive coverage (Vollkasko), the calculation changes a lot. The repair then goes through your own insurance. The other party's share goes first to the items that your own insurance does not cover. These are the deductible (Selbstbeteiligung), diminished value and report costs. Only what is left goes to your own insurer. This order is called the priority right. It is set in § 86(1) of the Insurance Contract Act (VVG).

Calculated with the example above, with 50% shared liability and a deductible of €500:

The reason is simple. The deductible, diminished value and report costs, together €1,850, go to you in full, not only half. Only half of the loss-of-use compensation and the flat-rate allowance stay uncovered. One counter-calculation is important. Using your own insurance leads to a downgrade (Rückstufung) in your no-claims discount (Schadenfreiheitsrabatt). The other party pays only its share of this loss as well. The advantage is biggest with a bad share, not with a good one. Whether the route through your own insurance pays off in your case should be calculated by your traffic law lawyer. We provide the numbers for this, not the legal assessment.

Is your own report worth it if you share the fault?

In most cases yes, for a mathematical reason. In the example with a 50% share, your own part of the report costs is €425. For a fairly new car, diminished value is quickly several hundred euros. Laypeople and repair estimates (Kostenvoranschlag) almost never take it into account. As soon as this one item alone is higher than your own part, the report has already paid for itself. This is true no matter how the liability share ends up.

There is a limit at the low end. For very small damage, the other party can argue that a repair estimate would have been enough. The Federal Court of Justice (BGH, Bundesgerichtshof) has ruled that there is no fixed threshold. What counts is what a layperson could see at the accident scene. This stays true even if the real damage turns out lower later (BGH, judgment of November 30, 2004, case no. VI ZR 365/03). In practice, the minor damage threshold (Bagatellgrenze) is usually set at about €750 to €1,000 in repair costs. Your lawyer can tell you what this means in your case. We explain where the line runs between the formats in our comparison of repair estimate, condensed report (Kurzgutachten) and full report.

What can the expert contribute on the question of fault?

More than most people expect, but nothing legal. Sometimes two versions of events conflict and there are no witnesses. Then the damage pattern shows which version fits technically. Impact height, impact direction, deformation pattern and paint transfer are measurable traces, not opinions. Without such a technical reconstruction, disputed cases often end in an equal 50/50 split. This is expensive for the side that is less at fault.

This is what we do in the report. We record the damage with photos and measurements. We state the amount of each item separately. We document the condition before the repair. We also separate prior damage (Vorschaden) cleanly from the current accident damage. You can read how this works on the page about the damage report (Unfallgutachten, Schadengutachten).

Which mistakes cost the most money with shared fault?

1. Not ordering a report at all because you think it is not worth it when you share the fault. It is the other way around. The smaller your part of the reimbursement, the more important it is that the total is correct.
2. Having the car repaired or scrapped before the damage is documented. What is gone can no longer be proven.
3. Not knowing the priority right and settling only by share, even though you have collision and comprehensive coverage.
4. Settling on a fictitious basis too fast. In this case no VAT is paid, and some items are lower. You can read the details on our page about fictitious settlement (fiktive Abrechnung).
5. Accepting a reduction (Kürzung) by the other party without objection. If an insurer review report (Prüfbericht) comes back, it should go to the expert first. See report review (Gutachtenprüfung) and expert statement (Stellungnahme).