Road accident - your lawyer for claims settlement

Have you had a road accident and don't know what to do?

I am Martin Reichelt, a specialist solicitor in traffic law in Dresden, and I will assist you with the complete enforcement of your claims. Whether property damage, personal injury or a write-off – I will ensure that you get what you are entitled to.

As your traffic accident solicitor, I know that settling a claim after a road traffic collision is complex. Insurance companies aim to pay out as little as possible. As a specialist solicitor in traffic law, I know all the tricks and strategies used by insurers – and I will vigorously enforce your claims.

After the accident - what to do? Your checklist

The first minutes and hours after a road accident are crucial - both for your safety and for subsequent claims settlement. Please note the following steps:

1. Secure the accident site: Switch on hazard warning lights, set up warning triangle, put on safety waistcoat
2. Caring for the injured: Provide first aid, call 112 immediately if you are injured
3. Call the police: In the event of personal injury, significant damage to property or if the other party in the accident does not provide insurance details, call the police on 110
4. Secure evidence: Take photos of the scene of the accident, the vehicles, skid marks and traffic signs. Make a note of the other party's details (name, licence plate number, insurance)
5. Hold witnesses: Write down the names and contact details of accident witnesses
6. No admission of guilt: Never say „That was my fault“ at the scene of an accident - this can be used against you later
7. See a doctor: Consult a doctor promptly even for seemingly minor injuries and have the injuries documented
8. Contact a lawyer: Call a traffic law specialist at an early stage - ideally before you speak to the other party's insurance company

Claims settlement - your claims after a road accident

After a traffic accident that was not your fault, you have far-reaching claims against the person who caused the accident or their liability insurance. As the injured party, you are entitled to the following items in accordance with §§ 7, 18 StVG and §§ 823, 249 ff. BGB you are entitled to the following items:

Material damage to the vehicle

In the event of material damage to the vehicle, you basically have two options for settlement:

• Concrete settlement: You have your vehicle repaired and submit the workshop invoice. The costs will be reimbursed in full as long as they remain within reasonable limits.
• Fictitious settlement: You have an expert assess the damage and settle the bill on the basis of the expert opinion - without the actual repair. You receive the net amount of the repair costs.

Additional reimbursable items:

• Appraisal costs (recommended from approx. 750 € damage)
• Towing costs
• Car hire costs or compensation for loss of use
• Noticeable reduction in value (reduced value despite repair)
• Flat-rate expenses (approx. 25-30 €)
• Registration and deregistration costs in the event of a total loss

Total loss - replacement value vs. residual value

An economic total loss is deemed to exist if the repair costs exceed the replacement value of the vehicle. In this case, you will receive

Compensation = replacement value - residual value

Caution: Insurance companies often submit inflated residual value offers from specialised residual value exchanges in order to reduce compensation. A lawyer specialising in traffic law is familiar with this practice and will ensure a fair valuation. Important: You are not obliged to sell your vehicle to the highest bidder - the regionally realisable residual value is decisive.

130 per cent rule: If the repair costs do not exceed the replacement value by more than 30 %, you can still have your vehicle professionally repaired and claim the full costs - provided you continue to use the vehicle for at least 6 months afterwards.

Compensation for personal injury

If you are injured in a road traffic accident, you are entitled to compensation for pain and suffering in accordance with Section 253 (2) BGB. The amount depends on the type and severity of the injury, the duration of treatment and the impact on your daily life. Typical amounts:

The amount of compensation for pain and suffering depends on the type and severity of the injury and the duration of the impairment. The Hacks/Wellner/Häcker pain and suffering compensation tables and the judgements of the higher regional courts provide guidance. In the case of serious injuries such as spinal injuries, concussions or permanent impairments, considerable amounts can be claimed. In addition, you are entitled to reimbursement of medical treatment costs in accordance with § 249 BGB.

• Cervical spine distortion (whiplash injury): 500 - 3.000 €
• Bone fractures: 2.000 - 20.000 €
• Serious head injuries: 10.000 - 500.000 €
• Permanent disability: Up to several hundred thousand euros

Important: The stated amounts are guide values. The specific compensation for pain and suffering is assessed on an individual basis. I am committed to ensuring that you receive fair compensation.

Rental car and compensation for loss of use

While your vehicle is being repaired or you are procuring a replacement vehicle, you are entitled to mobility compensation:

Insurers frequently try to reduce hire car costs by pointing to cheaper tariffs. However, according to the case law of the Federal Court of Justice (BGH), claimants are fundamentally entitled to a hire car of the same vehicle category. In the case of loss of use compensation, the amount is based on the vehicle category according to the Schwacke list or the Fraunhofer rental price index. I consistently enforce your claims for full reimbursement of mobility costs.

• Car hire: The cost of an equivalent hire car will be reimbursed. Make sure you choose a car of the same class - not significantly larger or more expensive.
• Compensation for loss of use: If you do not use a hire car, you will receive daily compensation for loss of use (depending on the vehicle class, €23 - €175 per day according to Sanden/Danner/Küppersbusch).

Special accident situations

Hit and run (§ 142 StGB)

Leaving the scene of an accident without permission is a criminal offence punishable by a fine or imprisonment of up to three years. In addition, there is the threat of disqualification from driving and loss of comprehensive insurance cover. If you are accused of a hit-and-run offence, immediate legal assistance is essential.

Even as a victim of a hit-and-run accident, I support you: I help to track down the offender and assert your claims – if necessary through your own comprehensive insurance or the Verkehrsopferhilfe e. V.

Contributory negligence (§ 254 BGB)

The opposing insurance company often claims contributory negligence in order to reduce the compensation payment. Typical objections are

• Allegedly excessive speed
• Failure to wear the seat belt
• Lack of reaction or delayed braking
• Alcoholisation of the injured party

A specialist lawyer for traffic law critically examines these accusations and fends off unjustified contributory negligence defences. It can often be proven through accident reconstruction and expert reports that there was no or only minor contributory negligence.

Personal injury and loss of earnings

In the case of serious accidents with personal injury, the claims go far beyond compensation for pain and suffering:

• Medical treatment costs: All medical costs that are not covered by health insurance
• Loss of earnings: Lost income during incapacity for work
• Household management damage: Compensation if you are no longer able to run your own household
• Maintenance costs: In the event of a permanent need for care
• Remodelling costs: Barrier-free conversion of the home in the event of permanent disability
• Reduced earning capacity pension: In the event of permanent restriction of earning capacity

Why you should hire a traffic accident lawyer

Insurance companies are businesses with the aim of making a profit. This means that the less they pay out to injured parties, the better it is for their balance sheet. Typical insurance strategies:

• Quick package deals: Often far below the actual claim, in the hope of quick acceptance
• Reduction of individual items: Appraisal costs are disputed, car hire costs reduced, reduction in value rejected
• Excessive residual value offers: To minimise compensation in the event of a total loss
• Assertion of contributory negligence: To reduce your own performance
• Delaying tactics: Months of delay in regulation

A specialist lawyer for traffic law will see through these tactics and ensure that you receive your full entitlement. Studies show: Injured parties who are represented by a lawyer receive significantly higher compensation on average.

Costs - who pays the lawyer?

The good news is that in most cases, you as the accident victim no legal fees:

• In the event of an accident through no fault of your own: The opposing party's liability insurance is also obliged to reimburse your lawyer's fees (BGH case law). This applies to out-of-court settlements.
• With legal expenses insurance: Your motorists' legal expenses insurance covers all legal fees and court costs - even if you are partially at fault.
• For partial debt without legal protection: The legal fees will be reimbursed by the other party on a pro rata basis.

Conclusion: There is hardly any rational reason to do without legal assistance after a road traffic accident. Contact me now for an initial consultation.

Frequently asked questions about road accidents

Do I have to call the police after an accident?

Legally, you are not always obliged to do so. In cases of purely material damage, exchanging insurance details is generally sufficient. However, I strongly recommend calling the police in the event of: personal injury, significant material damage, disagreement about how the accident happened, suspected alcohol or drugs involving the other party, or if the other party refuses to provide their details.

How long do I have to claim compensation?

The regular limitation period for claims for damages arising from a road traffic accident is three years (Section 195 BGB). The period begins at the end of the year in which the accident occurred and you have knowledge of the damage and the party responsible for the damage (Section 199 BGB). Nevertheless, you should assert your claims promptly, as evidence becomes more difficult to secure over time.

Do I need an expert opinion after the accident?

In the event of property damage exceeding approx. €750, I recommend commissioning an independent motor vehicle expert. The expert fees will be reimbursed by the opposing insurance company. For minor damage, a repair cost estimate from the garage is sufficient. Important: Commission your own expert – do not accept the opposing insurance company's offer to send an „in-house expert“.

What to do if the insurance company does not pay or cuts back?

If the opposing insurance company rejects your claims or makes inadmissible reductions, I will enforce your rights in court if necessary. Often, a letter from a lawyer is all it takes to achieve a full settlement. As a specialist solicitor for traffic law, I have extensive experience in the judicial enforcement of claims for damages.

Can I choose the lawyer myself?

Yes! You have the right to freely choose your own lawyer – even if you have legal expenses insurance. Do not let your insurance company force a lawyer upon you. As a specialist solicitor in traffic law, I am specialised in precisely these types of cases and am the ideal choice for handling your claim.

Claims settlement after a road accident

The Claims settlement After a traffic accident is a complex process that goes far beyond the obvious panel damage. Many accident victims do not know what claims they are actually entitled to — and thereby give away considerable sums of money. As a specialist solicitor for road traffic law, I handle the entire claims settlement process for you.

In addition to the repair costs, the full extent of the damage includes in particular

• Car hire: For the duration of the repair or vehicle procurement, you are entitled to an equivalent Rental car — the opposing insurance company bears the costs. Choose a vehicle class that corresponds to your damaged vehicle. Insurance companies often arbitrarily reduce rental car costs — I consistently contest unjustified reductions.
• Loss of use: If you decide not to hire a car, you are entitled to Compensation for loss of use - for each day on which you are unable to use your vehicle. The amount depends on the vehicle class (€23 to €175 per day according to Sanden/Danner/Küppersbusch).
• Compensation for pain and suffering: In the event of injuries personal injury compensation in accordance with § 253 Para. 2 BGB. The amount depends on the type and severity of the injury, duration of treatment and permanent impairments. Experience has shown that insurance companies offer amounts that are too low - a specialist lawyer for traffic law will get the maximum for you.
• Noticeable reduction in value: Even after professional repair, your vehicle loses value. This reduction in value is an independent claim for compensation.

More about the complete Claims settlement after a road accident find out more on my details page.

Accident through no fault of your own - special claims

If you not at fault have been involved in an accident, your legal position is particularly strong. As a complete not at fault If you are the injured party, you have a comprehensive claim to in rem restitution in accordance with § 249 BGB - the insurance company of the person responsible for the accident must put you in the same position as if the accident had not happened.

In concrete terms, this means that the opposing party's liability insurance not only covers the repair costs or the replacement value, but also all ancillary costs in full:

• Expert costs (recommended from approx. € 750 damage amount)
• Towing costs and stand fees
• Costs for hire car of the same class or compensation for loss of use
• Registration and deregistration fees for total loss
• Flat-rate expenses (approx. 25-30 €)
• Compensation for pain and suffering and medical treatment costs for injuries
• Loss of earnings during incapacity for work

Important: Your Legal fees are covered by the other party's insurance in the event of an accident for which you are not at fault - as a rule, you do not bear any costs yourself.

Speak to me before contacting the opposing insurance company for the first time: statements made to the insurance company can weaken your position. As your specialist solicitor for traffic law, I will handle all communication for you.

Further information can be found on my pages about accident through no fault of your own and to the Specialist lawyer for traffic law in Dresden.

This article is for general information and does not replace individual legal advice. For advice tailored to your case, please feel free to contact my office in Dresden.