Fee
The fee for expert services is based on an agreed hourly rate or on fee rates (e.g. on-site visit, call out fee, etc.). After you have sent us a description of your concerns you will receive an estimate on the costs of our expert activities.
Reimbursement of private opinions
Can the expenditures an aggrieved party has spent on an expert opinion be reimbursed?
According to insurance law, the aggrieved party is free to choose the means for eliminating the damage. As a rule, the aggrieved party is entitled to commission a qualified expert of its own choice to conduct a damage assessment. The expert’s remuneration which is calculated in relation to the amount of damage is to be reimbursed by the liable insurance as necessary capital expenditure as defined in article 249 II of the Civil Code (BGB).
Federal Court of Justice (BGH), judgement of January 23, 2007, file number VI ZR 67/06
Must the aggrieved party commission the cheapest expert?
In cases where a motor vehicle expert is needed the injured party of an accident may commission the expert who is readily available.
The injured party is not obliged to do market research previously in order to find the cheapest expert (recital 7).
Federal Court of Justice (BGH), judgement of February 11, 2014, file number VI ZR 225/13, juris
Are private opinions submitted by the aggrieved party or by the liable party taken into account in the litigation?
„Private opinions which are submitted in a trial are substantiated submissions of the party. In the valuation of other opinions, especially court opinions, they must not be ignored. Judges are obliged to deal with them thoroughly.”
Federal Court of Justice (BGH), judgement of October 17, 2001, file number IV. ZR. 205/00
Are the costs which are incurred for an expert opinion in order to shake the court opinion reimbursable, too?
Private opinions in order to shake court opinions: reimbursement
“The costs which are incurred for getting a private opinion during a litigation in order to refute or shake a court opinion are reimbursable as necessary expenses. It does not even matter if the private opinion was used in the litigation.”
Court of Appeal (OLG) Stuttgart, order of November 13, 2001 – 8. W. 481/01 – Building Law (BauR) 2002, 665
The legal information herein does not replace qualified legal advice for the individual case.