All 17 listed terms about vehicle damage and accident claim settlement (Unfallregulierung) on one page. They are explained clearly and factually by an engineer (B.Sc. in Mechatronics) and an independent vehicle expert.
The list follows the German alphabet. Four terms with extra depth link to their own detailed pages with calculation examples.
These terms have their own detailed pages with background, calculation examples and practical help, not just a short definition. You can find more background articles about vehicle damage in the Knowledge hub.
When you are allowed to keep your vehicle and have it repaired, even after a total loss (Totalschaden).
Technical, economic or borderline total loss (technischer, wirtschaftlicher oder unechter Totalschaden), and how the settlement works in each case.
The drop in market value that remains after a professional repair. Methods and guidance from the vehicle expert.
Get the repair costs paid out without having to repair the car, including transfer costs (Verbringungskosten) and markups on parts list prices (UPE-Aufschläge).
Short definitions for a quick overview. For the topics linked above and below, you will find detailed explanations.
#
The 130% limit is an upper limit. It allows the person whose car was damaged to keep and repair the car instead of selling it, even after an economic total loss. The condition is that repair costs and diminished value (Wertminderung) together are at most 130% of the replacement value (Wiederbeschaffungswert). The repair must be done professionally, as described in the report (Gutachten). The car must then be used for at least six more months. A purely fictitious settlement (fiktive Abrechnung) is not possible in this range. With calculation examples: 130% rule.
The 70% threshold is an old rule for a rough estimate from claim settlement. If repair costs were up to 70% of the replacement value, a repair was once generally seen as economical. Under current case law, this no longer applies in every case. After an actual repair with at least six months of continued use, the residual value (Restwert) is usually not taken into account. This holds as long as the repair costs do not exceed the replacement value. Now look at a fictitious settlement without repair. Here the payment is limited to the replacement expense (Wiederbeschaffungsaufwand). This is the replacement value minus the residual value. The limit applies once the repair costs are higher than this amount. Which path makes economic sense depends on the individual case.
A
Downtime is the number of days a vehicle cannot be used after an accident. It runs from the day of the accident until the car is drivable again or a replacement is bought. It consists of the repair time or the time needed to buy a replacement car, plus the time needed to decide. The vehicle expert states it in the report with a technical reason. This number of days is the basis for the rental car period, loss-of-use compensation (Nutzungsausfall) and loss of earnings. Without clear documentation in the report, insurers often try to reduce the items based on it.
B
Minor damage is vehicle damage with such low repair costs that hiring a vehicle expert seems out of proportion. A repair estimate (Kostenvoranschlag) from the repair shop is enough. In current practice the limit is about €750 to €1,000. There is no fixed legal limit. Damage that looks small, such as a dented rear panel or a mirror with sensors, often leads to repair costs of several thousand euros. Only an independent inspection shows these costs.
G
Gross negligence is a serious breach of the care required in road traffic. In such a case, even the simplest and most obvious considerations are ignored. It lies between simple negligence and intent. It requires clearly increased misconduct, for example a gross disregard of basic traffic rules. Each case is judged on its own, based on the objective breach of duty and the personal fault. For your own vehicle insurance (Kaskoversicherung), gross negligence can lead to a reduction of the insurer's payment. Claims against the other driver stay unaffected.
Q
In cases of shared liability (Mithaftung), the priority right gives you, as the person whose car was damaged, priority over your own vehicle insurer. The other party's liability insurance pays first for the items that your own vehicle insurance does not cover at all. Examples are the deductible (Selbstbeteiligung), diminished value and your own share of lawyer's fees and report costs. Only the amount above that passes to your own insurer by transfer of claim (Forderungsübergang). In our experience, insurers do not always apply this priority correctly on their own when they handle a claim internally. Raising it actively can help you receive the full amount. In detail, with a calculation example: Priority right in detail.
R
The repair confirmation is a written confirmation from a vehicle expert that a repair calculated in the damage report (Schadengutachten) was actually done professionally. For this, the expert inspects the repaired car a second time, compares the work with the calculated items and documents the result with photos. It is the usual evidence for the actual repair time in loss-of-use claims. It is also the usual evidence for the professional full repair under the 130% limit. In detail, with process and costs: Repair confirmation in detail.
Residual value is the price a damaged vehicle can still get in its damaged condition on the generally accessible regional market. It is not a theoretical figure. It is a concrete market finding by the vehicle expert, usually with several documented comparison offers. It matters most in a total loss. The payout equals the replacement value minus the residual value. The regional market counts, not a special market outside the region run by specialized buyers.
S
A claim notification tells an insurer that a loss has happened. It includes the time and place of the accident, how it happened, the people involved and the vehicle data. It is not an admission of fault. It only starts the claim settlement process. For your own vehicle insurance, a short notification deadline applies. For the other party's liability insurance, there is no fixed deadline. Still, notifying early helps protect the evidence. In practice, it is best to have the damage documented first and to notify the insurer afterwards.
The duty to mitigate damage means that the person whose car was damaged must keep the damage within reasonable limits after an accident. They do not have to choose the cheapest way. The standard is what a sensible person would do in the same situation. This is judged from what the person knew at the time of the decision. This mostly concerns the choice of repair shop, the rental car class and the repair speed. If the person breaches this duty through their own fault, the compensation can be reduced accordingly. In practice, this happens only within narrow limits.
Compensation for pain and suffering is money for non-material harm after an accident. It covers physical pain, emotional stress and lasting health problems. The condition is proven personal injury. Property damage alone does not give you a right to it. The amount depends on the circumstances of each case, especially the type and seriousness of the injury, the healing process, lasting effects and related circumstances. A court sets it, or it is agreed in negotiation with the insurer. There is no general formula.
T
A total loss exists when a vehicle cannot technically be repaired or when the repair makes no economic sense. There are three types. A technical total loss means that the repair is impossible. An economic total loss means that the repair costs are well above the replacement value. A borderline total loss (unechter Totalschaden) means that the repair costs and the replacement expense are close to each other. Settlement depends on the ratio of repair costs to replacement value. Special rules apply, such as the 130% limit when there is a special interest in keeping the car. For more details, see Total loss in detail.
U
The flat-rate expense allowance is a fixed amount that the person whose car was damaged receives without individual proof. It covers small costs of handling the claim, for example phone calls, postage and trips to the repair shop or the vehicle expert. It is a separate item in addition to repair costs, diminished value and loss-of-use compensation. You are entitled to it whether you repair the car or choose a fictitious settlement. In court practice the range is €20 to €30. We use €25 as the standard case. With sample cases: Flat-rate expense allowance in detail.
V
Transfer costs are the transport costs for taking a damaged vehicle from the body shop to an external paint shop and back. They arise when the repair shop has no paint shop of its own, which is now the usual case. As normal market repair costs, they are part of the compensation claim. According to settled case law, they can be paid even with a fictitious settlement and no actual repair, if they are usual in the regional market. More on fictitious settlement.
Prior damage is older damage that was already professionally repaired before the current accident and is no longer technically visible. Old damage is older damage that is still unrepaired on the day of the accident. The difference decides what is paid. Prior damage can at most affect the diminished value. The person who caused the current accident does not pay for old damage. In detail, with categories of evidence: Prior damage and old damage in detail.
W
Diminished value is the accident-related drop in market value that remains even after a professional repair. The used car market applies a lower price to repaired accident vehicles. It is a separate item in addition to repair costs. It is also paid with a fictitious settlement, if the damage report states it concretely and gives a clear reason. The real market always counts. There are no fixed age or mileage limits. More on diminished value in detail.
Replacement value is the price for a comparable replacement car on the regional used car market on the day of the accident. This is the price the person whose car was damaged would have to pay. The replacement car has the same model, the same mileage and the same condition. Replacement value is the main reference value for total loss settlement. The replacement expense and the repair limit follow from it. It is not a nationwide list price. What counts is the market situation at the accident location, individually adjusted and based on actual research. The vehicle expert documents it in the damage report.
Two services that most often go with the terms above.
For minor damage, or when the residual value is unclear, a condensed report quickly shows whether an estimate from the repair shop is enough or a full damage report is needed.
If an insurer reduces an item because of prior damage, the duty to mitigate damage or the flat-rate expense allowance, we check the insurer review report (Prüfbericht). A review company working for the insurer writes this report. Then we write an expert statement (Stellungnahme).
Direct contact with your expert
The glossary keeps growing. If a term is missing or you want to have your damage checked, call us or send a short message. Your initial assessment is free of charge. For accidents that were not your fault, we bill the other party's liability insurance directly. This causes you no extra work.
Legal information, not legal advice. Your lawyer handles the legal assessment of your specific claim. CleverCrash prepares the technical damage report as an independent vehicle expert.
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We work across the Nuremberg Metropolitan Region: in Nuremberg, Fürth, Erlangen and Bamberg, and also in Schwabach