BGH Ruling: Your Duty to Check Auto Repair Bills After an Accident
Imagine your car is damaged in an accident that wasn't your fault. You get it repaired, submit the bill to the at-fault driver's car insurance company, and expect full reimbursement. But what if the insurer refuses to pay part of the bill, claiming the costs are unreasonable? A recent ruling by Germany's Federal Court of Justice (Bundesgerichtshof, BGH) has clarified that you, as the claimant, have a responsibility to review the plausibility of that repair invoice. Failing to do so could leave you financially responsible for excessive charges, even when you're not at fault.
The Case: Disputed COVID-19 Disinfection Costs
The ruling (VI ZR 348/21, April 23, 2024) centered on a woman whose car was damaged in an August 2020 accident. The other party was fully liable. Her repair shop charged a total of €157.99 (gross) for COVID-19 disinfection measures before and after the repairs. The at-fault party's motor liability insurance (Kfz-Haftpflichtversicherung) refused to pay this amount in full, arguing it was disproportionately high.
The case went through several courts:
- Local Court (Amtsgericht): Ruled the insurer must pay the full amount.
- Regional Court (Landgericht): Overturned the decision, allowing only €33 plus interest.
- Federal Court of Justice (BGH): Upheld the Regional Court's ruling.
The BGH's core finding was that the claimant should have performed a "plausibility check" (Plausibilitätskontrolle) on the disinfection costs. The judges argued that a "economically thinking person" would have realized €157.99 was clearly excessive for a task requiring about five minutes, basic cleaning supplies (disinfectant, wipes, gloves, masks), and unskilled labor.
Your Legal Duty: The "Plausibility Check" Explained
The court based its decision on Section 249 (2) Sentence 1 of the German Civil Code (BGB). This law states you can only claim reimbursement for expenses that appear purposeful and necessary from the perspective of a sensible, economically-minded person in your situation.
This means after an accident, you cannot passively accept any invoice. You must take a reasonable, critical look at the charges. The BGH clarified that for costs related to common knowledge—like basic disinfection during the pandemic—you are expected to use your own everyday experience to judge if an amount seems fair.
A Crucial Twist: The Independent Expert Report
An interesting detail made the ruling seem particularly strict from a consumer perspective. The claimant had proactively obtained an independent expert report (Sachverständigengutachten) before the repair, which estimated the disinfection costs at €136.40 net. She relied on this professional assessment.
However, the BGH stated she should not have trusted this expert opinion because it contradicted her own layperson's everyday experience. The court held that the judges in the lower court were justified in estimating the lower cost themselves based on common knowledge, without needing a separate expert opinion for such a routine matter.
As a result, the woman is now liable for approximately €125 of the disinfection bill.
Key Takeaways for Your Car Insurance Claims
This ruling has significant implications for anyone involved in a car accident claim. Here’s what you need to know to protect yourself:
| Your Responsibility | Practical Action Steps | Potential Risk if Neglected |
|---|---|---|
| Perform a Plausibility Check | Review all line items on the repair invoice. Ask yourself if the hours worked and material costs seem reasonable for the job described. | The insurer may deny reimbursement for parts deemed excessive, leaving you with the bill. |
| Use Common Sense & Experience | For standard tasks (cleaning, basic labor), trust your judgment. Compare costs to your general knowledge of service prices. | Blindly trusting a workshop or even an expert report for obvious overcharges may not protect you. |
| Communicate with the Workshop | Before repairs, ask for a cost estimate. Question any items that seem unclear or unusually high. | Unexpected charges appear on the final bill, complicating the claims process with your or the other party's auto insurance. |
| Document Everything | Keep all estimates, invoices, and correspondence with the repair shop and the insurance company. | Lack of documentation weakens your position if you need to dispute the insurer's assessment. |
How This Affects Your Insurance Relationship
This ruling underscores that filing a car insurance claim is not a passive process. Being a proactive and informed claimant is essential. While your insurer (or the at-fault party's insurer) handles the major negotiations, you are the first line of defense against inflated repair costs.
Proactive Tip: If you receive a complex or very high repair estimate, consider getting a second opinion from another trusted workshop. Inform the insurance adjuster of any concerns about cost reasonableness early in the process.
Understanding your duties can lead to a smoother claims process and help avoid disputes that delay your reimbursement. Always approach repair invoices with a critical eye—it's your right and, as this BGH ruling confirms, your responsibility.