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Damage assessment for fictitious billing - what the BGH judgement means

Judgement from 18.02.2020 - VI ZR 115/19

In this case, the Federal Court of Justice ruled that in a fictitious damage calculation, price increases that occur before the last hearing are generally at the expense of the claimant. The injured party may be referred to a cheaper garage if it offers the same quality standard.

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The Federal Court of Justice (BGH) has made an important decision on the fictitious settlement of damages, which is particularly relevant for road accidents. When calculating claims for damages, the question often arises as to how price increases are taken into account if the injured party wishes to settle a fictitious repair.

In this case, the BGH ruled that the tortfeasor is also liable for price increases that occur between the accident and the last hearing if the injured party is to use a cheaper repair shop. However, this only applies if the injuring party did not pay for the repair in full on time.

Why is this important? This decision protects the injured party from price increases and delays in legal proceedings. It ensures that the claimant bears the costs if the repair is not carried out until later. However, when choosing a garage, the injured party must ensure a similar standard of quality as would be offered by a brand-affiliated specialist garage.

The BGH ruling once again highlights the complexity of fictitious damage settlements and shows which factors can play a role in court proceedings. One thing is clear: price increases must be taken into account right up to the final hearing - a decision that ensures greater fairness in compensation claims.

Conclusion:

The judgement puts the injured party in a better position and protects them from unexpected price increases, which is particularly important in the case of longer proceedings. However, the reference to cheaper garages remains permissible if the quality standard is equivalent.

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