Total loss

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.

Economic total loss

At the economic total loss A repair - unlike a technical total write-off - is basically possible but pointless for economic reasons. An economic total loss exists if the Repair costs exceed the replacement value. In this case, the insurance company will invoice the replacement value less the residual value (= replacement costs).

  • In which Replacement value it is the value of your vehicle immediately before the accident
  • Of the residual value represents the value of your vehicle after the accident in a damaged condition

Example:

The following values result from an expert opinion:

  • Repair costs (gross): € 5,000
  • Replacement value: € 1,000
  • Residual value € 500


Since the repair costs are higher than the replacement value, there is a total loss. The insurance company will settle on a total loss basis (replacement value less residual value). In the example, the injured party would receive an amount of € 1,000 minus € 500, i.e. € 500.

The example illustrates the importance of an expert opinion. You should therefore never commission an expert appointed by the opposing insurance company. Insurance is your opponent and not your friend!

Repair costs lie between replacement costs and replacement value

If the gross repair costs lie between the replacement costs (replacement value minus residual value) and replacement value, the injured party can demand the repair costs up to the amount of the replacement value under the following conditions:


  • Vehicle is repaired in a roadworthy manner (quality of the repair does not matter)
  • Vehicle will continue to be used for at least 6 months

130% rule - repair costs not higher than 30% of the replacement value

In the event of a total loss, the injured party is only entitled to a replacement value minus the residual value (= replacement costs).


However, the injured party is permitted to claim the repair costs if the repair costs only exceed the replacement value (plus a reduction in value) by up to 30% and the following conditions are met:


  • the repair is carried out professionally in accordance with the report
  • the injured party will continue to use the vehicle for at least 6 months