Written by Maximilian Fromm, independent vehicle expert for damage and valuation (B.Sc. in Mechatronics) · Last updated: November 5, 2026
Before you order the repair, clarify four things: liability, total loss, payment to the repair shop and a possible inspection.
Maximilian Fromm
Founder and engineer (B.Sc. in Mechatronics)
After an accident that was entirely the other driver's fault, the person whose car was damaged may have the vehicle repaired in a repair shop. They may ask the driver who caused the accident and that driver's liability insurer for the amount of money needed for this. There are limits in the case of shared fault, a total loss and excessive items.
§ 249 BGB does not name an express approval by the other party's insurer as a condition. A traffic law lawyer can clarify whether you should wait for the payout in your individual case.
Is it certain that the other driver is fully liable? If you are partly liable yourself (liability share, Haftungsquote), you can only claim the share for which the other party is liable. See the article Accident with shared fault. A traffic law lawyer can clarify how the liability is to be assessed in the individual case.
The replacement value (Wiederbeschaffungswert) is the price of an equivalent replacement vehicle. If the repair costs more, special rules apply. Up to 130% of the replacement value, the repair can be settled under strict conditions. These conditions include a complete repair in the scope of the report and continued use of the vehicle, as a rule for six months (130% rule).
Above that, usually only the replacement expense (Wiederbeschaffungsaufwand) is paid. This is the replacement value minus the residual value (Restwert) of your damaged vehicle. You pay the extra costs yourself (Total loss).
Only a report shows reliably whether a total loss is possible. It shows the repair costs, the replacement value and the residual value side by side. A repair estimate (Kostenvoranschlag) from the repair shop does not state the replacement value.
Ask the repair shop whether it requires a down payment. Your traffic law lawyer can clarify in advance how you respond to this. More on this in the section on advance payment.
Insurers sometimes ask to inspect the vehicle before the repair. This is rare in our cases. If we prepared your report and it does happen, we attend, on request together with your lawyer. § 254(2) BGB says that you must keep the damage as low as possible (duty to mitigate damage, Schadenminderungspflicht). A traffic law lawyer can clarify whether an appointment is needed before the repair and how you respond. Take photos of the vehicle from all sides before the repair starts. The page The expert sent by the other party's insurer explains how an orderly appointment works.
Not necessarily. The person whose car was damaged may in principle trust that a specialist repair shop does not choose an uneconomical way.
On January 16, 2024, the Federal Court of Justice decided the following: when the person whose car was damaged orders a specialist repair shop, they may in principle trust that it does not choose an uneconomical way and only carries out the repair work that is objectively necessary. They are therefore not required to get an expert report before ordering the repair (BGH, VI ZR 51/23).
A report still makes sense. It shows whether there is a total loss, documents the extent of the damage and the repair method, states the repair time (loss-of-use compensation), names the plausible rental car class and determines the diminished value (Wertminderung). For minor damage that you settle based on the actual repair costs at the repair shop, a repair estimate is often enough. See Repair estimate or report.
In principle, the person who caused the damage, within the limits of the case law on the so-called repair shop risk.
The repair shop risk means: if the repair shop charges too much, the person who caused the damage, meaning the driver who caused the accident, in principle bears this risk. The condition is that the person whose car was damaged is not at fault in choosing or supervising the repair shop. This also applies if the invoice has already been paid. The Federal Court of Justice set this out in more detail in five decisions of January 16, 2024 (press release No. 007/2024).
This does not cover work that was only done at the same time as the repair. The person whose car was damaged must show and prove that the damage exists and was caused by the accident. The Federal Court of Justice has set special rules for a repair shop invoice that has not been paid yet. Your traffic law lawyer can clarify in advance how they affect your case.
Clarify in advance with your traffic law lawyer who pays when, and put agreements in writing.
Some repair shops ask for a down payment before the repair or for a written confirmation from the insurer that it will cover the costs (Kostenübernahmeerklärung). Your traffic law lawyer can clarify before the order whether and in what form this makes sense and what it means legally. With a liability share, the insurer only pays its share anyway.
How long the claim settlement takes after the invoice and the report are submitted is explained in the article How long does it take until the insurer pays?. If you do not have the car repaired, you can use a fictitious settlement (fiktive Abrechnung). Separate rules apply to it, see Fictitious settlement. If there is a dispute about the payment, a traffic law lawyer can help. If you do not have a lawyer yet, we can name law firms for traffic law on request. If the accident was not your fault, the other party's liability insurance usually also pays the lawyer's fees. With shared fault (Teilschuld), it pays according to the liability share.
With the invoice, photos and, where needed, a repair confirmation from the independent vehicle expert.
Keep the repair shop invoice with the parts receipts, and ask the repair shop to explain any differences from the report in writing. Take photos of the vehicle from all sides before the repair starts, and detailed photos of the damage.
During the inspection, we as experts read out the vehicle's fault codes and document them. We only do a wheel alignment check through a partner repair shop. If the repair shop changes the scope compared to the report, for example by replacing a part instead of repairing it, discuss this with the independent vehicle expert first. If the invoice alone is not enough as proof, an independent vehicle expert checks during a follow-up inspection (Nachbesichtigung) whether the repair was done in the calculated scope and records the result. This can also show differences. Hidden parts can no longer be checked after the repair. The glossary entry repair confirmation explains what it proves and what it does not.
In the range between 100% and 130% of the replacement value, the settlement requires a complete repair in the calculated scope. In addition, the vehicle must continue to be used, as a rule for six months (130% rule).
§ 249 BGB does not name an express approval as a condition. The duty to keep the damage low (§ 254(2) BGB) is not affected by this. A traffic law lawyer can clarify how this affects the individual case.
Not necessarily. The Federal Court of Justice does not require the person whose car was damaged to get a report before ordering a specialist repair shop. But only a report shows whether there is a total loss, not a repair estimate from a repair shop. The report also states the extent of the damage and the repair time and determines the diminished value.
If possible, take photos of the vehicle from all sides before the repair starts, and detailed photos of the damage. If the repair has already started, document the current state. Ask the repair shop to keep removed parts. A traffic law lawyer can clarify how you respond to an inspection request from the insurer. After the repair, a follow-up inspection by an independent vehicle expert checks whether the repair was done in the scope of the report. Hidden parts can only be assessed to a limited extent.
In principle, the person who caused the damage, within the limits of the so-called repair shop risk. The Federal Court of Justice set this out in more detail on January 16, 2024. This also applies if the invoice has already been paid. This does not cover work that was only done at the same time as the repair. The person whose car was damaged must prove that the damage was caused by the accident. Special rules apply to an invoice that has not been paid yet. Your traffic law lawyer can clarify them in advance.
Some repair shops ask for a down payment or for a written confirmation from the insurer that it will cover the costs. Your traffic law lawyer can clarify in advance whether and how you agree to this. Put agreements with the repair shop in writing.
This depends on your policy terms. For damage to your own vehicle, the law on compensation from the driver who caused the accident does not apply. Your insurance contract applies instead. It sets out whether your insurer must agree to the repair beforehand and whether a partner repair shop is required. Check your policy terms or ask your insurer before you order the repair.
How an inspection appointment with the insurer runs in an orderly way.
Open topic EvidenceWhat the inspection after the repair proves and what it does not.
Open topic RangeWhen a repair above the replacement value can be settled.
Open topic SettlementWhat you receive if you do not repair, and what applies to the six-month period.
Open topicOn the phone, we answer your technical questions about the process. Reliable values, for example whether there is a total loss, only come from the report. The repair cost calculation is part of our accident and damage report service. We are based in Erlangen and work in the Nuremberg Metropolitan Region. You can find the overview under service areas.
Legal information, not legal advice. The content of this page is general information about the repair process after an accident and does not assess any individual case. Your traffic law lawyer handles the legal assessment of your case.
Last updated: November 5, 2026. The law and case law can change.
Maximilian Fromm
Independent vehicle expert for damage and valuation, B.Sc. in Mechatronics
Maximilian Fromm is an independent vehicle expert for damage and valuation and the founder of CleverCrash in Erlangen. He studied mechatronics. Since August 2025, he has written damage reports (Unfallgutachten) in the Nuremberg Metropolitan Region for people whose car was damaged in an accident. On request, he works together with the repair shop and the lawyer. He supports his customers until the insurer pays out.
