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accident control: replacement of the repair costs over 130% of the replacement value for BGH possible

more than 130 percent may be required only on the replacement value situated repair costs if they are actual. The victim may claim compensation for repair costs incurred if he succeeded, contrary to the assessment of pre-trial expert, a professional and the requirements of the expert to carry out appropriate repair, the cost of the replacement value does not exceed. But he has no further claim for compensation for the notional cost of repair up to 130 percent of the replacement value. For repair costs exceed the replacement value of the vehicle may be required only to so-called 130-percent limit if they are actual and the repair is done professionally and at least in terms of value in a size such as that of the experts on the basis of its cost estimate has made. BGH, Judgement of 12.14.2010 - VI ZR 231/09


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Written by
lawyer Dr. jur. Marc Duke

areas of law:
tort law, traffic law, Accident regulation,

Tags:
lawyer, Dr. Herzog, a lawyer, accident, traffic,