Accident through no fault of your own - your rights as the injured party

What is a no-fault accident?

A no-fault accident occurs when you as a road user - whether as a car driver, cyclist or pedestrian - are involved in a road accident through no fault of your own. The fault lies entirely with the other party involved in the accident or with a third party. In legal terminology, this is referred to as the Liability of 100 % to the party responsible for the accident lies.

Typical situations for a no-fault accident are

• Rear-end collisions: Another driver hits your stationary or slow-moving vehicle
• Right of way violations: Another road user disregards your right of way
• Red light offences: A driver runs a red light and collides with your vehicle
• Lane change accidents: Another driver changes lanes without adequate protection
• Accidents caused by alcohol or drugs: The person who caused the accident was under the influence of intoxicating substances
• Accidents due to technical defects: Another vehicle causes an accident due to inadequate maintenance

The decisive factor is: If you did not cause the accident, you are entitled to Comprehensive claims for damages against the person responsible for the accident and their liability insurance. You should be aware of these claims and enforce them consistently.

First steps after a no-fault accident - your checklist

The first minutes and hours after an accident that was not your fault are crucial. Correct behaviour secures your claims and makes subsequent claims settlement considerably easier. Follow this checklist:

1. secure the accident site

Switch on the hazard warning lights immediately and set up the warning triangle - at least 150 metres before the accident site on motorways and at least 50 metres in urban areas. Put on a high-visibility waistcoat and get yourself and others involved to safety.

2. provide first aid and make an emergency call

Check whether anyone is injured. In the event of injuries, call the emergency services immediately on 112. Provide first aid as far as possible. In the event of pure material damage, inform the police at 110.

3. call in the police

Insist in the event of an accident through no fault of your own always on a police accident report. The police report is an important piece of evidence for the subsequent claims settlement. Describe the course of the accident objectively and completely.

4. secure evidence

Document the accident as comprehensively as possible:

• Photos: Photograph the scene of the accident from different perspectives, all vehicle damage, skid marks, traffic signs and road conditions
• Witnesses: Make a note of the names, addresses and telephone numbers of witnesses to the accident
• Accident opponent: Record the name, address, insurance company and licence plate number of the person responsible for the accident
• European Accident Report: Fill this out together with the other party involved in the accident, if possible

5. do not make an admission of guilt

Even if the question of fault seems clear - at the scene of the accident No premature statements on the question of guilt off. Do not apologise and do not sign any documents that could contain an admission of guilt.

6. see a doctor

Get a medical examination as soon as possible - even if you don't feel injured at first. Some injuries, such as whiplash or internal injuries, only become apparent hours or days after the accident. Medical documentation is also important for later claims for compensation for pain and suffering.

7. contact a lawyer

Get in touch with one as early as possible experienced traffic accident lawyer on. In the event of an accident through no fault of your own, the other party's insurance company will bear the legal costs - so you will incur No costs.

Your claims in the event of an accident through no fault of your own

As the injured party in an accident that was not your fault, you have far-reaching demands, that go beyond the mere repair of the vehicle. The opposing party's liability insurance is obliged to compensate you as if the accident had never happened. Here is an overview of your most important claims:

Compensation for vehicle damage

You have the right to have your vehicle repaired in a workshop of your choice - not in a partner workshop of the opposing insurance company. Have the damage repaired by a independent motor vehicle expert The costs of which are also borne by the other party. In the event of an economic total loss, you are entitled to the replacement value less the residual value.

personal injury compensation

In the event of personal injury - from minor bruises and whiplash to serious injuries - you are entitled to personal injury compensation. The amount depends on the type and severity of the injury, the duration of treatment and the impact on your everyday life. Typical pain and suffering compensation rates:

• Mild cervical spine syndrome (whiplash): €500 to €2,500
• Moderately severe cervical spine syndrome: €2,500 to €7,000
• Bone fractures: €3,000 to €25,000 depending on severity
• Serious injuries with permanent consequences: €25,000 and significantly more

Rental car or loss of use

For the duration of the repair or the procurement of a replacement vehicle, you are entitled to a Rental car in a comparable vehicle class. Alternatively, you can choose a Compensation for loss of use if you do not use a hire car. The daily rates depend on the type of vehicle and are typically between €23 and €175.

Reduction in value (mercantile reduction in value)

A repaired accident vehicle has a high price on the used car market. lower value than an accident-free vehicle. You are entitled to this so-called mercantile depreciation as compensation, especially in the case of newer vehicles (usually up to around five years old).

Expert costs

You have the right to own motor vehicle appraiser to instruct a lawyer. The costs for this must be borne by the opposing insurance company. Don't let the insurance company pressure you into accepting their in-house expert - an independent expert opinion is always in your interest.

Flat-rate expenses and other ancillary costs

You are also entitled to other positions:

• Flat rate for expenses: 25 € to 30 € for postage, telephone and travel
• Travel costs to the garage, to the doctor, to the lawyer
• Towing costs from the scene of the accident
• Loss of earnings in the event of incapacity for work due to an accident
• Household management damage with limited budget management

Do you need a lawyer in the event of an accident that was not your fault?

The short answer: Yes, absolutely. And the best thing about it - in the event of an accident through no fault of your own, the opposing party's liability insurance will pay your legal fees. This means that a lawyer is usually free of charge.

Why you should involve a lawyer

Insurance companies are profit-orientated businesses. Their aim is to keep compensation payments as low as possible. This is achieved in various ways:

• Reductions in the expert opinion: The insurance company reduces individual repair items or disputes their necessity
• Rejection of compensation for pain and suffering: Claims for compensation for pain and suffering are rejected across the board or reduced to a minimum
• Referral to more favourable workshops: You should have it repaired in a cheaper partner workshop
• Contestation of the reduction in value: The mercantile reduction in value is rejected or underestimated
• Delaying tactics: The regulation is deliberately drawn out to put you under pressure
• Joint liability defence: They are assumed to be partially at fault in order to reduce the benefits

An experienced Specialist lawyer for traffic law knows these strategies and enforces your claims in full. Studies show that injured parties with legal representation on average 30 to 50 per cent higher compensation than without a lawyer.

What does a lawyer cost in the event of a no-fault accident?

In the event of a no-fault accident with a clear liability situation: nothing. The opposing party's liability insurance is obliged to reimburse the injured party's legal fees as part of the claim. This includes the statutory fees in accordance with the German Lawyers' Fees Act (RVG). You are therefore not taking any financial risk if you instruct a lawyer.

Claims settlement - How to enforce your claims

Claims settlement after a no-fault accident follows a tried and tested procedure. With a Traffic accident lawyer at your side, this process runs much more smoothly:

Step 1: Damage report

Report the accident to the other party's liability insurance. Your lawyer will take care of this correspondence and ensure that all relevant information is provided correctly and in full.

Step 2: Have an expert opinion drawn up

An independent motor vehicle appraisal is recommended for damage of around €750 or more. A cost estimate is usually sufficient for minor damage. The expert documents all damage, calculates the repair costs and, if necessary, determines the replacement value and depreciation.

Step 3: Quantify and assert claims

Your lawyer compiles all claims - repair costs, hire car, compensation for pain and suffering, reduction in value, lump sum for expenses and other items - and claims these from the opposing insurance company. He will set reasonable deadlines.

Step 4: Negotiation with the insurance company

In many cases, the insurance company initially only makes a partial payment or disputes individual items. Your lawyer will negotiate with the insurance company and enforce your claims - in court if necessary.

Step 5: Out-of-court settlement or legal action

Most cases are settled out of court. However, if the insurance company makes unreasonable reductions or refuses to settle, your lawyer can file a lawsuit. In the case of a no-fault accident with a clear liability situation, the chances of success in court are very good.

Common mistakes after an accident that was not your fault

Many injured parties give away money because they make avoidable mistakes after the accident. You should avoid these mistakes at all costs:

Mistake 1: Negotiating directly with the opposing insurance company

The insurance is not your partner. Claim handlers are trained to minimise claims. Let a lawyer take care of the communication.

Mistake 2: Accepting the insurance company's first offer

The first offer is almost always too low. Insurance companies calculate on the basis that many injured parties accept immediately out of convenience or ignorance. A lawyer regularly collects significantly more.

Mistake 3: Not appointing your own appraiser

Don't let the insurer force an expert on you. An independent expert works in your interests, not in the interests of the insurance company.

Mistake 4: Not claiming compensation for pain and suffering

You are entitled to compensation even for supposedly minor injuries. Whiplash, neck or back pain - document everything medically and assert your claims.

Mistake 5: Waiting too long

Claims for damages arising from a traffic accident are generally time-barred after three years at the end of the year. Don't wait - the sooner you act, the better your chances of receiving full compensation.

Error 6: Repair without documentation

Have your vehicle Do not repair before the damage is documented is. First the expert opinion, then the repair. Otherwise you will lack important evidence.

Mistake 7: Waiving the impairment

Many injured parties do not realise that they are entitled to a reduction in value. For vehicles up to around five years old and with a mileage of less than 100,000 kilometres, you are generally entitled to a reduction in market value.

Frequently asked questions on the subject of no-fault accidents

What is the first thing I have to do after an accident that was not my fault?

Secure the accident site, provide first aid and call the police. Document the accident with photos and note down the details of the other party and witnesses. Have yourself medically examined as soon as possible and contact a lawyer - in the event of an accident for which the other party is not at fault, the other party's insurance will pay the legal fees.

Who pays the lawyer in the event of a no-fault accident?

In the event of a no-fault accident with a clear liability situation, the liability insurance of the person responsible for the accident will cover the legal costs of the injured party. Legal representation is therefore usually free of charge for you.

What claims do I have in the event of an accident that was not my fault?

You are entitled to numerous claims: repair costs or replacement value, compensation for pain and suffering in the event of injuries, hire car or loss of use, mercantile reduction in value, expert costs, lump-sum expenses, towing costs and, if applicable, loss of earnings and household damage.

Do I have to use the insurance company's workshop?

No. You have the right to park your vehicle in a Workshop of your choice to have it repaired. The insurance company may not force you to use a partner garage. You also have the right to an independent motor vehicle expert.

How long does the claims settlement process take?

With a clear liability situation and legal representation, the settlement usually takes four to twelve weeks. More complex cases with disputed liability or serious injuries can take longer. A lawyer can speed up the process by setting deadlines.

What if I am accused of being partially at fault?

Insurance companies often try to impute contributory negligence to the injured party in order to reduce the settlement. A Specialist lawyer for traffic law examines the liability situation and fends off unjustified defences of joint liability. The police report, witness statements and expert reports are decisive here.

Am I entitled to compensation for pain and suffering, even if I am only slightly injured?

Yes, you are also entitled to compensation for minor injuries such as cervical spine distortion (whiplash), bruises or abrasions. It is important that the injuries are documented promptly by a doctor.

Can I invoice my car fictitiously?

Yes, you can have the repair costs paid out according to the expert report without actually having the vehicle repaired - the so-called Fictitious settlement. However, VAT is then generally not applicable. Your lawyer will advise you which billing method is more favourable in your case.