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Hamburg-St. Georg District Court orders HUK-Coburg to pay the expert costs for the repair confirmation


The district court Hamburg-St. Georg decided by judgement of 06.10.2005 - 910 C 344/05 - against HUK-Coburg that the defendant is ordered to indemnify the plaintiff from the claim of SV B. in the amount of € 44.08 according to the invoice of 05.07.2005. The defendant bears the costs of the legal dispute.

I give the reasons for the judgment verbatim as follows:

The action is well-founded. The plaintiff has a claim against the defendant to be held harmless from the claim of the expert B. in the amount of € 44.08 according to the invoice of 5 July 2005 as compensation for damages due to the traffic accident of 9 May 2005, §§ 7 StVG, 3 PflVG. This was because these follow-up costs were necessary for the appropriate prosecution (cf. Palandt, BGB, 64th ed., § 249 marginal no. 40). The follow-up assessment was necessary. This was because the plaintiff wanted to assert damages for loss of use against the defendant. This only applies if the car is actually repaired. The mere assertion of the repair is regularly not sufficient for the motor vehicle liability insurers to settle this damage. Rather, they demand proof. Since the plaintiff repaired the car himself, he could not prove the repair with a workshop invoice. A subsequent appraisal, on the other hand, was suitable proof. The plaintiff was entitled to consider this necessary after he had announced this course of action to the defendant in the letter of 21 May 2005, asked for a response if the defendant did not share this opinion, and the defendant had not responded by 5 July 2005.

The decision on costs is based on § 91 ZPO, the decision on provisional enforceability on §§ 708 no. 11, 711, 713 ZPO.

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