Hire an expert yourself
July 16, 2013 | 30,00 EUR | answered by Jan Wilking
My wife's 13-month-old vehicle was severely damaged by hail during the storm on 20.06.2013. It could even be a total loss. After reporting the damage to the Provinzial, we received a letter on 24.06.2013 stating that the settlement of the claim may take some time (in Hagen alone, 16,000 vehicles were damaged). Insurance companies have set up a central claims office where, according to the newspaper, 38 experts are working, each inspecting 16 vehicles daily.
The matter is expected to drag on for weeks. Now, my main question is: can I hire an expert at the expense of the insurance company, as time is running out and the vehicle is losing value every day? Furthermore, I would like to order a new vehicle, but I cannot take advantage of current discounts or special models because I do not know the extent of the damage / residual value of the vehicle.
Dear inquirer,
I am happy to answer your inquiry taking into consideration the facts you have provided and your commitment as follows:
Unlike damages caused by third parties, where the legal system recognizes the right of the victim to claim reimbursement for the costs of hiring their own expert, your insurance company may regularly refer you to their own experts in cases of damages without third party fault.
Unless there is a specific provision in your insurance policy stating otherwise, you should definitely try to obtain your insurance company's approval before hiring your own expert, in order to avoid being left with the costs in the end. You should also highlight the increased loss of value due to further delays, which will be considered in the expert report and could ultimately be covered by the insurance company. Therefore, the insurance company may also have an interest in finding a quicker solution - however, as previously mentioned, there is generally no legal entitlement to reimbursement for the costs of a self-commissioned expert from your own insurance company.
I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that without knowing all the details, I cannot provide a final recommendation in this initial consultation. If you require a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the specifics with them after reviewing all the documents.
Sincerely,
