Insurance law matters - what do I have to do and who pays for the damage incurred?
In principle, the motor vehicle liability insurance of the person responsible for the accident settles the costs of the damage incurred and pays for a range of consequential costs. Road accident victims or their relatives should promptly obtain an overview of their own insurance policies that may provide cover. After a traffic accident, it is important to file any claims with the relevant insurance companies immediately. In addition to informing your own insurance company about the traffic accident, the "opposing" insurance company should also be informed, regardless of whether this is done by the person who caused the accident. The notification deadlines are one week for motor vehicle insurance / comprehensive insurance and 48 hours for accident insurance.
For example, the following insurance companies can be informed by you as the person affected or the person causing the accident affected party after a serious traffic accident:
- Car insurance / comprehensive insurance
- Car protection cover
- Life insurance
- Health insurance
- Accident insurance
- Disability insurance
- Legal protection insurance
- Insurance for passengers
If the traffic accident occurred on the way to or from work. the traffic accident occurred on the way to your work or to your place of training (commuting accident) or if the traffic accident was related to your work in your company (commuting accident), the following applies assert any claims against employers' liability insurance associations, the accident insurance fund, the municipal accident insurance association or similar institutions.
Liability insurance covers the payment obligations of people who are liable for damage, i.e. who have caused damage to another person and are liable to pay this person. Victims of traffic accidents usually have to deal with the liability insurance of the person who caused the accident. It is therefore important for you to be able to find out with which insurance company the person who caused the accident has insured the vehicle.
How do I find out the insurance company of the person who caused the accident?
In such cases, the central call center for car insurers is your point of contact. They will tell you with which insurance company the person who caused the accident is insured.
Telephone: 0800 / 250 2600
In the event that the person who caused the accident is not covered by liability insurance, please contact Verkehrsopferhilfe e.V (VOH). The VOH helps traffic victims in its function as a guarantee fund in the event of accidents in Germany caused by unidentified or uninsured motor vehicles or in which the car is deliberately and unlawfully used as a "weapon of crime" or the car liability insurer becomes insolvent:
In the event of traffic accidents within Germany with a vehicle registered abroad, contact the German Green Card Office.V.
Phone: 030 / 20205757
Email: dbgk [at] gruene-karte.de (dbgk[at]gruene-karte[dot]de)
Phone: 030 / 20 20 5858
Email: voh [at] verkehrsopferhilfe.de (voh[at]verkehrsopferhilfe[dot]de)
In many cases, an amicable settlement of the claim can be expected. Nevertheless, in complex circumstances - such as unclear liability or serious personal injury - it makes sense to instruct legal counsel to settle claims from the outset. The legal costs are usually borne in full or in part by the party responsible for the accident or their insurance company. As any claims asserted must be substantiated, it is important for those affected by traffic accidents and their legal counsel to immediately record any changes in health and damage that have occurred by means of medical certificates after a traffic accident.
Important: Damage and injuries must be documented in a suitable manner - ideally by medical or expert personnel! Material evidence (accident vehicle, clothing, etc.) should not be destroyed immediately! Store clothing in a dry place. They should not be cleaned because of possible micro-traces!
What costs can I be reimbursed for?
In addition to expert and legal fees, the following costs can be reimbursed:
- Death: funeral costs, maintenance claims, household costs
- Injuries: Medical expenses, loss of earnings, compensation for pain and suffering
- Vehicle damage: repair costs, reduction in value, loss of use or rental car costs, accident-related expenses (via lump sums), towing costs
In the case of accident victims who have been involved in a traffic accident to your detriment, the party who caused the accident or the opposing party's liability insurance is generally obliged to pay all necessary medical treatment costs incurred as a result of the accident (doctor and hospital costs, psychotherapy costs, rehabilitation measures). As a rule, your own health insurance will cover the treatment costs (in advance) and have them reimbursed by the motor vehicle liability insurance of the person responsible for the accident. It is advisable to know the billing modalities of the chosen medical treatment provider and to consult with the insurance company before starting treatment.
Duty to provide compensation for children
Accident victims who have not yet reached the age of ten are always entitled to compensation. This also applies if the accident was unavoidable for the motorized other party involved.
A child injured in a traffic accident caused by the father or mother is compensated via the motor vehicle liability insurance. Since the law introducing an entitlement to survivors' benefits came into force on 22.07.2017 (Federal Law Gazette I p. 2421), the person responsible for the accident or the insurance company liable for compensation must pay appropriate financial compensation to relatives who had a special personal relationship with the deceased at the time of the injury for the emotional suffering inflicted on them as survivors.
I was a first aider in a traffic accident - do I have any claims?
If you have suffered injuries, psychological consequential damage or property damage as a result of first aid in a traffic accident, these will be settled in North Rhine-Westphalia via the Unfallkasse NRW (UK NRW).
Phone: 0211 9024-0
Email: info [at] unfallkasse-nrw.de (info[at]unfallkasse-nrw[dot]de)
Do I need an expert opinion - and where can I find an expert?
It is advisable to contact a professional and independent expert to assess the material damage to your vehicle.
You can find suitable experts
- through your motor insurance
- at the general motor vehicle inspection centers
- on the Internet
In addition, the German Interest Group for Traffic Accident Victims (Deutsche Interessengemeinschaft für Verkehrsunfallopfer e. V. - DIVO) maintains a list of experts.V. (DIVO) maintains a list of experts who are not considered to be insurance-oriented.
Deutsche Interessengemeinschaft für Verkehrsunfallopfer e.V. (DIVO)
Phone: 02421/ 123212
Email: info [at] divo.de (info[at]divo[dot]de)
