fictitious billing

In traffic law, I advise and represent injured parties in traffic accidents and enforce your compensation and compensation against the opposing insurance company.


  • Do not get involved in games of opposing insurance. Insurance is not your friend but your opponent!


  • The hiring of an independent lawyer is free of charge for victims of an accident through no fault of their own!


The injured party in a traffic accident through no fault of their own is free to repair their vehicle or to fictitiously invoice them on the basis of an expert opinion and then to repair the vehicle themselves or not to repair it at all.

In the case of a fictitious billing based on an expert opinion or cost estimate, there is only one claim to the Net repair costs, because the sales tax is not applicable and therefore not refundable.

Reference to a cheaper alternative workshop

If the vehicle involved in the accident is more than 3 years old, the insurance company can refer to a cheaper, non-branded workshop according to the case law of the Federal Court of Justice. The injured party must, however, keep the values of the cheaper, non-branded workshop only then can be countered if the following conditions are met:


  • the vehicle involved in the accident is not manufacturer-related checkbook maintained (= Services and repairs were not or not always carried out in a branded workshop)
  • the reference workshop corresponds to the quality standard of a brand-specific specialist workshop
  • the reference workshop is easily accessible for the injured party
  • the reference workshop must not be cheaper because of special conditions with liability insurance

In the case of the fictitious settlement of claims, the insurance companies reduce almost arbitrarily all positions with reference to so-called "Test report"with reference to the billing rates of an independent reference workshop. The above requirements for referring to a cheap reference workshop are often willfully ignored!

UPE surcharges and expenses

The most frequent points of contention in fictitious billing are arbitrary reductions in UPE surcharges and shipping costs


  • UPE surcharges are spare parts price surcharges that are added to the non-binding price recommendations of the spare parts manufacturers due to the storage of original spare parts.
  • Transportation costs are costs that arise when the accident-damaged vehicle has to be transported to a paint shop or body shop as part of the repair, as this does not have a corresponding operation

Despite opposing case law, the insurance companies are rigorously cutting UPE surcharges and transfer costs and claim that these would not arise with a fictitious billing. It is correct: UPE surcharges and transport costs can also be charged for fictitious billing if these are regularly collected locally and are common, which is the case in Essen and the Ruhr area!