Unfall und jetzt? – Who Pays for the Expert After Your Accident?
After an accident that was not your fault, the other driver's insurer pays the full cost of your freely chosen vehicle expert, and you do not have to compare the market.
The Bundesgerichtshof looks at the perspective of a reasonable, economically minded injured party at the time the expert was commissioned — not at what turns out, with hindsight, to have been appropriate. You may settle for the expert who is easily reachable for you and do not have to research the market for the cheapest-fee provider. The only exception is if you voluntarily use your own comprehensive cover (Kaskoversicherung): there, your contract applies, and individual items can be excluded or capped.
The name, and which group stands behind it
The name says it all: Unfall und jetzt? — German for "an accident, and now?" — is exactly the question that comes right after the shock, before anything gets repaired, settled, or negotiated. The answer starts with an independent finding, the same way nobody has surgery without someone who does not profit from the procedure looking first. In the same way, the vehicle expert first establishes what is actually damaged on your car — before a workshop repairs it, an insurer settles the claim, or a lawyer negotiates. The independent expert is the first step, not the last.
Unfall und jetzt? is the shared consumer portal of several own vehicle-expert offices from a group with twelve locations in North Rhine-Westphalia, Hesse and Thuringia — not a referral platform that passes your enquiry on to unrelated third parties. Which office is responsible for you, and how the group is set up, is shown in full under Locations. What that means for our experts' independence — including the uncomfortable side of it — we answer openly under About us.
Can I choose my own vehicle expert?
Yes. The Bundesgerichtshof (Federal Court of Justice, BGH) has expressly ruled that you may settle for the expert who is easily reachable for you — you do not have to research the market for the cheapest-fee expert (BGH VI ZR 225/13). This applies even if the other driver's insurer has already sent its own expert to look at your car: your right to your own expert exists regardless of that (AG Hamburg 33a C 336/15). An insurer's inspection report does not replace your own report — it is usually produced without the insurer's own inspector ever seeing your vehicle.
What sets an independent expert apart from the insurer's expert?
Your own expert (Sachverständiger) is obliged only to you, the client who commissioned the report. The "Prüfdienst" or "Prüfbericht" (inspection service / inspection report) that an insurer commissions is instructed and paid for by the insurer — the economic closeness to the party who pays is built into the structure, it is not something held against you. The Bundesgerichtshof has made clear: you do not have to search for the cheapest expert in the interest of the party who caused the damage or their insurer (BGH VI ZR 67/06). A detailed comparison, including how this relates to DEKRA, TÜV, GTÜ and KÜS, is under About us.
Do I really need a report for a small amount of damage?
There is no statutory minimum-damage threshold. The Bundesgerichtshof has expressly ruled that what matters is not the amount of damage established afterwards, but what you as the injured party could recognise at the time you commissioned the expert (BGH VI ZR 365/03). In practice, lower courts draw the line somewhere between €600 and €1,000 in repair costs — below that a repair estimate (Kostenvoranschlag) may be enough, above it a full report is advisable, because hidden damage is often not visible to the naked eye. Two local courts (Amtsgerichte) dismissed claims because the damage was recognisably minor to a layperson (AG Münster 28 C 821/16, AG Hannover 525 C 10630/13) — that belongs to an honest answer too.
What does a vehicle report cost, and who really pays for it?
The base fee (Grundhonorar) is usually tiered by the amount of damage, in fee brackets. We deliberately do not name specific euro amounts here — they shift yearly and regionally, and cannot be stated responsibly without a currently retrieved, reliable source. Details, and what the insurer typically deducts from this invoice, are under Sachverständigenhonorar (expert's fee). Who bears the cost economically works like this: in an accident that was not your fault, the other driver's liability insurer (Haftpflichtversicherung) pays in full. Where you share fault, it pays only its share of liability — details under Claims. Under a voluntary comprehensive claim (Kaskoregulierung), your own insurance contract decides; the general terms for motor insurance (AKB) sometimes exclude or cap the expert's fee there.
How quickly does an expert reach me after the accident?
After you report your claim, the office responsible for your location usually calls back within a few hours, at the latest the next working day, and arranges an appointment. With twelve locations across NRW, Hesse and Thuringia, an office is usually within reach — the full list is under Locations. How the appointment itself works, including when your vehicle is no longer drivable, is explained under Process.
The numbers
| Value | Meaning | Source | As of |
|---|---|---|---|
| 600 € bis 1,000 € | Range in which lower courts (Instanzgerichte) draw the minor-damage threshold (Bagatellschadengrenze) | own review of ten local- and regional-court (Amtsgericht/Landgericht) decisions, 2009–2025 | 28.08.2026 |
| 715.81 € | Amount of damage the BGH described as being "in the range of" the minor-damage threshold, without itself fixing any amount | BGH VI ZR 365/03 | 30.11.2004 |
| 700 € bis 800 €, maximal 1,000 € | Minor-damage threshold based on gross repair cost, per a recent appellate decision | LG Lübeck 14 S 79/24 | 21.03.2025 |
| keine feste Grenze in Euro | The Bundesgerichtshof has never fixed a specific minor-damage threshold — the figure of "€700" in circulation is a third party's summary, not a headnote (Leitsatz) | own analysis | 28.08.2026 |
Case law
| Court | Case number | Date | Key finding | Source |
|---|---|---|---|---|
| BGH | VI ZR 365/03 | 30.11.2004 | Expert's fees count as necessary restoration cost under § 249 Abs. 2 Satz 1 BGB when the assessment was necessary and appropriate for restoration. The injured party's perspective at the time of commissioning is decisive. No fixed minor-damage threshold. | https://www.bundesgerichtshof.de/ |
| BGH | VI ZR 225/13 | 11.02.2014 | The injured party may settle for the easily reachable expert and does not have to research the market for the cheapest-fee expert. | https://www.bundesgerichtshof.de/ |
| BGH | VI ZR 357/13 | 22.07.2014 | Assessment costs must be compensated under § 249 Abs. 1 BGB, provided the assessment was necessary and appropriate for asserting the claim. | https://www.bundesgerichtshof.de/ |
| BGH | VI ZR 67/06 | 23.01.2007 | The injured party does not have to research the market for the expert most favourable to the party at fault and its insurer. A base fee calculated in proportion to the amount of damage is not subject to price control as long as it stays within what is necessary. | https://www.bundesgerichtshof.de/ |
| AG Hamburg | 33a C 336/15 | 30.03.2016 | The right to bring in your own expert exists even where the party at fault has already instructed an expert of their own. | https://verkehrslexikon.de/Texte/Rspr7992.php |
| LG Lübeck | 14 S 79/24 | 21.03.2025 | The minor-damage threshold is tied to gross repair costs and currently sits around €700–800, at most €1,000. The injured party's perspective at the time of commissioning is decisive. | https://dejure.org/2025,8588 |
| AG Münster | 28 C 821/16 | 14.06.2016 | Opposing position. Claim dismissed: at €745.57 net and paint damage recognisably minor to a layperson, this breached § 254 Abs. 2 Satz 1 BGB. | https://verkehrslexikon.de/Texte/Rspr8172.php |
| AG Hannover | 525 C 10630/13 | 19.12.2013 | Opposing position. No entitlement to expert's fees at €750.85 in repair costs — a minor-damage case up to €1,000. | https://verkehrslexikon.de/Texte/Rspr6324.php |
Frequently asked questions
Who pays for the expert after an accident that was not my fault?
The other driver's insurer, in full. The cost counts as necessary restoration cost under § 249 Abs. 2 Satz 1 BGB (BGH VI ZR 365/03). If you share fault, it pays only its share.
Can I choose my own expert?
Yes, even if the insurer has already sent its own expert (AG Hamburg 33a C 336/15). You do not have to search for the cheapest provider (BGH VI ZR 225/13).
What is the difference from the insurer's own expert?
Your own expert (Sachverständiger) answers only to you. The insurer's inspection report is commissioned and paid for by the insurer and does not replace your own report.
Do I need a report for minor damage?
There is no fixed threshold. Lower courts generally look at €600 to €1,000 in repair costs and at what you could recognise when you commissioned the report.
What does a vehicle report cost?
The base fee follows the amount of damage. We do not state specific amounts here — details are in the guide on Sachverständigenhonorar (expert's fee).
How quickly can an expert reach me?
Usually the responsible office calls back within a few hours, at the latest the next working day, and arranges an appointment.
Sources
- BGH, Urteil vom 30.11.2004, Az. VI ZR 365/03 (NJW 2005, 356) — https://www.bundesgerichtshof.de/
- BGH, Urteil vom 11.02.2014, Az. VI ZR 225/13 — https://www.bundesgerichtshof.de/
- BGH, Urteil vom 22.07.2014, Az. VI ZR 357/13 (NJW 2014, 3151) — https://www.bundesgerichtshof.de/
- BGH, Urteil vom 23.01.2007, Az. VI ZR 67/06 (VersR 2007, 560) — https://www.bundesgerichtshof.de/
- AG Hamburg, Urteil vom 30.03.2016, Az. 33a C 336/15 — https://verkehrslexikon.de/Texte/Rspr7992.php
- LG Lübeck, Urteil vom 21.03.2025, Az. 14 S 79/24 (NJW 2025, 2264) — https://dejure.org/2025,8588
- AG Münster, Urteil vom 14.06.2016, Az. 28 C 821/16 — https://verkehrslexikon.de/Texte/Rspr8172.php
- AG Hannover, Urteil vom 19.12.2013, Az. 525 C 10630/13 — https://verkehrslexikon.de/Texte/Rspr6324.php