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BGH again decides on the necessary expert costs after an unintended traffic accident by judgment of 11.2.2014 - VI ZR 225/13 -.

THE BUNDESGERICHTIN THE NAME OF THE PEOPLEJUDGMENTVI ZR 225/13 Delivered in:. 11th of February 2014In the litigationThe question of the need for expert costs after a traffic accident.BGH, judgment of 11 February 2014 - VI ZR 225/13 - LG Darmstadt. AG SeligenstadtThe VI. Civil Division of the Bundesgerichtshof brought an action against the hearing on 21 January 2014 by Judge Galke, Judge Zoll, Judge Diederichsen, Judge Pauge and Richter OffenlochHereby rules:The judgment of the 21st Civil Chamber of the District Court of Darmstadt of April 17, 2013, in the cost point and in so far as the Landgericht appealed to the plaintiff against the dismissal of the action for payment of further appraiser costs in the amount of 87,65 € together with interest and, in accordance with the judgment of the District Court of Seligenstadt of 5 October 2012, ordered the defendant to pay further expert costs of € 56.90 plus interest.In the scope of the annulment, the matter is remitted to the Court of Appeals for the new trial and decision, including the costs of the revision procedure.The parties' further appeal is dismissed.By lawFacts:The parties dispute the replacement of remaining expert and legal costs as a result of a traffic accident.In February 2012 the plaintiff was involved with his vehicle in a traffic accident with the defendant, for whose damages the defendant has to pay 100%. The plaintiff brought in a motor vehicle damage claim, according to which the necessary repair costs around 1.050 € plus VAT. In order to reimburse the expert opinion, the expert paid the applicant an amount of EUR 534.55, broken down as follows:Preparation and preparation of expert opinion € 260,00Payment in advance, credit card, PayPal, sofortueberweisung.de (plus € 2, - postal fee at cash on delivery)Telephone / computer equipment, office material, postage, writing costs € 75,00Travel expenses / time (51 km x Euro 1.80 max. € 100,00) € 91,80Additional Intermediate sum without VAT € 449,20VAT 19.0% € 85.35Total VAT including VAT € 534.55The liability insurance of the defendant regulated the costs in the amount of 390 €. The remainder of € 144.55 is the subject of the action. In addition, the applicant is claiming that the applicant has already paid a pre-litigation fee of EUR 74.97 (including costs of attorneys' fees) and seeks a declaration that the defendant is obliged to pay interest of 5 percentage points on the court costs incurred by the applicant Above the base rate for the period from the receipt of the court fees paid up to the date of receipt of the cost-assessment application in accordance with the cost quotation to be assessed.The District Court dismissed the action. On the admissible appeal of the plaintiff, the Landgericht also ordered the defendant to pay further appraisal costs of € 56.90 plus further pre-trial costs of € 43.31, in addition to interest, with rejection of the appeal. With the revision approved by the regional court, the applicant continues to pursue his original request. The aim of the adjudication of the defendants is the restoration of the judicial review.Reasons for decision:I.The appeal court essentially stated that the injured party is normally entitled to commission a qualified expert of his choice to draw up the damage report. The motor vehicle expert does not exceed the limits of legally permissible pricing by the fact that he makes a reasonable flat rate of the fee based on the amount of the damage. The courts could, however, by means of expert assistance or by way of damage assessment pursuant to § 287 ZPO, make findings which show that the amount of the expert costs claimed exceeded the necessary production expenditure within the meaning of § 249 para. 2 BGB. In this respect, both the basic salary as well as the ancillary costs could be based on the results of the survey of the amount of the motor vehicle auditor's report 2010/2011 by the Federal Association of the self-employed and independent

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LOUISIANA DEPARTMENT OF PUBLIC SAFETY OFFICE OF MOTOR VEHICLES

DEFINITION
An accident judgment is the final action resulting from a suit filed in a court of law. A judgment may be rendered in any court of law, including judicial court, municipal court, district court and the justice of the peace court, and will be processed by this Department provided all requirements for acceptability are met.

REQUIREMENTS

Certified copy of the judgment. If the judgement is not certified, it must be signed by a representative of the court.
Clerk's certificate stating the judgment is final and no suspensive appeal has been taken.
If the claim amount is over, $25,000, a breakdown of the property and medical damages must be included.

METHODS OF COMPLIANCE

Proof of insurance covering the date of accident; or
Acceptable installment agreement; or
Final court Judgment or release indicating owner/driver is free from liability arising from the accident; or
Evidence from the court that more than 10 years has lapsed and the Judgment has not been re-inscribed; or
Acceptable bankruptcy documents

SR-22 REQUIREMENTS

Proof of Financial Responsibility (SR-22) is required when an installment agreement is filed and until three years after the date of release from the judgment
SR-22 is not required if the judgment was paid off within 60 days of the judgment date
Official notices issued prior to July 1, 1992 are not required to carry SR-22 for 3 years from the date of judgment rendered.

Italian woman charged over motorbike hit

An Italian woman has been charged with dangerous driving causing grievous bodily harm after a female motorcyclist was critically injured in a crash on the NSW's north coast.

The crash happened around 1.45pm on Friday at Shelly Beach, East Ballina.

The 47-year-old motorcycle rider was taken to Gold Coast Hospital in a critical condition with numerous serious injuries after a collision with a van.

The driver of the van, a 29-year-old woman from Italy, was not injured but has been charged with dangerous driving and negligent driving occasioning grievous bodily harm.

She was granted conditional bail to appear at Ballina Local Court on February 9.

Yearly snapshot

A total of 35,092 people died in motor vehicle crashes in 2015. The U.S. Department of Transportation's most recent estimate of the annual economic cost of crashes was $242 billion dollars. 1 Contributing to the death toll are alcohol, speeding, lack of safety belt use and other problematic driver behaviors. Death rates vary by vehicle type, driver age and gender, and other factors.

In 1975, the U.S. Department of Transportation started an annual census of motor vehicle deaths, recording information on crash type, vehicle type, road type, driver characteristics and a variety of other factors. Institute researchers analyze these data each year to quantify the public health problem of motor vehicle deaths.

List of motor vehicle deaths in U.S. by year

The table below is a list of motor vehicle deaths in the United States by year. On average in 2012, 92 people were killed on the roadways of the U.S. each day, in 30,800 fatal crashes during the year.^[1]

The number of deaths – and deaths relative to the total population – has declined over the last two decades. From 1979 to 2005, the number of deaths per year decreased 14.97% while the number of deaths per capita decreased by 35.46%. In 2010, there were an estimated 5,419,000 crashes (30,296 fatal crashes), killing 32,999 and injuring 2,239,000.^[2] The 32,479 traffic fatalities in 2011 were the lowest in 62 years (1949). Records indicate that there has been a total of 3,613,732 motor vehicle fatalities in the United States from 1899 to 2013.