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damages in car accident: correspondence with attorneys' fees recoverable insurance

damages for car accident:

legal fees FÜ r correspondence with its own comprehensive insurance recoverable

The indemnifiable expenses include a principle in a traffic accident victim, the necessary legal costs.

Here, the wrongdoer but not simply replace all of the damage caused adequately event attorneys' fees, but only those that are from the perspective of the victim to exercise his rights necessary and appropriate (BGH , NJW 2005, 1112 ; NJW 2006, 1065 ).

The LG Wuppertal, in its decision of 07.04.2010, file number 8 S 92/09 again made clear that not only the legal fees for the enforcement of claims against the opponent accident, but also attorney's fees for correspondence with their own fully comprehensive insurance may be eligible:

part of the claims processing is the decision, the claim to report their own insurers (BGH, supra; OLG Hamm, 27 U 161/82 , quoted by beck-online.) where it is defined by law to charge a different matter RVG is acting as the use of the other party (OLG Hamm, supra).

to the requirements of substantive reimbursement claim are excessive demands put. It depends largely on how is the probable settlement of the claim from the perspective of a reasonable-minded victims. Is it necessary from the perspective of the victim to take legal assistance to claim, this is essentially true for the application of the risk in their own insurers (BGH, supra).

In the case decided by the LG Wuppertal was no exception of this generally applicable requirements relating to reimbursement of attorneys' fees of the applicant's own comprehensive insurance.

There was an accident situation in which both drivers claimed they were driven by "green". Accordingly, it is from the perspective of victims with serious problems in the claims have been expected. As a layman it was therefore certainly have doubts about whether their own comprehensive insurance would pay with good grace. Because it was not inconceivable that the comprehensive policy would be in the interest of their own economic viability are opposed to a settlement of claims. Furthermore, the applicant also took legal advice as to whether and how the use of their own insurance on the claim against would affect the party in the accident.

This allowed the lawyers' fees in an appropriate framework for the application of the damage to their own insurance are enforced

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Written by
lawyer Dr. jur. Marc Duke

areas of law:
tort law, traffic law, traffic law, accident law, civil law,

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lawyer, Dr. Duke, Rosenheim,