Accident what to do as the injured party?
After a traffic accident that was not your fault, your nerves are often frayed and you may be wondering what you need to do now as the injured party. First of all: keep calm! Because if you rush into accepting offers from the other party’s insurance company, you will quickly lose money.
Over 2 million accidents - and just as much uncertainty
But don’t worry: it’s not that complicated, especially if you have a professional like Almocon at your side.
Read here what is important after a traffic accident as the injured party and what rights and obligations you have
You can expect these contents in this article
Reading time: approx. 7.5 minutes
Overview
FAQ - frequently asked questions
If you have been involved in an accident through no fault of your own, you are entitled to compensation in accordance with Section 249 BGB. The liability insurance of the party at fault must therefore pay for all accident-related costs. These include workshop repair costs, compensation for the replacement value in the event of a total loss, rental car costs or, alternatively, compensation for loss of use, expert and legal fees and, if applicable, compensation for pain and suffering.
The less the insurance company has to pay, the better it is for their balance sheet. As the residual value is deducted from the amount paid out, it is advantageous for the insurer if the residual value is as high as possible.
The liability insurance of the person responsible for the accident is responsible for settling the claim – they must report the accident within 7 days. To be on the safe side, you as the injured party should also inform your own insurance company, especially if you have not heard from the other party’s insurance company after a week.
After a car accident, you must first ensure safety, i.e. secure the accident site, treat the injured and call the police in the event of major accidents. Then make sure you note down the other party’s license plate number, exchange contact details, look for witnesses and document the accident with photos, an accident report and a sketch.
What should I do after an accident?
At the scene of an accident, you should not immediately rush off to determine who is at fault. Instead, it is important to secure the accident site, treat the injured and, if necessary, call the emergency services or the police. Only then do you get down to the formalities. It is essential to exchange all personal details, including the license plate number, contact details and insurance number of the other party involved in the accident.
You should also try to find witnesses and take photos of the accident scene and the vehicles involved that are as informative as possible. Once this is done, it’s time for the accident report: try to write down the course of the accident as factually and in as much detail as possible and also make a sketch of the accident scene.
Important: Do not under any circumstances make an admission of guilt if the apportionment of blame is unclear!
Who do I have to report the accident to?
The police
Do you actually have to call the police every time you have a car accident? No, you don’t have to inform the police if you think you agree immediately. But caution is advised here. Opinions and the supposed perception of the course of the accident can be different in retrospect than immediately after the accident. In practice, the injured parties are often left with 50% of the damage.
Our tip: As soon as you are not sure how extensive the damage really is, whether people have been injured or if the question of fault is disputed, it is essential to involve the police, as well as in the case of a hit-and-run.
The insurance
The party at fault must report the accident to their liability insurer as soon as possible – a period of 7 days generally applies for reporting. To be on the safe side, it is advisable for the injured party to also inform their own insurer, even in the event of a hit-and-run.
If you have not received the other party’s insurance number or the other party did not know it, the license plate number is also sufficient. You can use this to find out the policyholder’s details around the clock via the hotline of the central call service for car insurers (0800-250 26 00). Your AMC vehicle appraiser will of course take care of this service for you. We have 24/7 access to the central call database
The appraiser
If you don’t want to deal with the formalities yourself and want to be on the safe side in the event of a claim, you should consult a motor vehicle expert at the scene of the accident if possible. They can reconstruct the course of the accident based on the damage, determine the reduction in value, take over the notification to the insurance company and also compile all the other necessary information so that you can assert your rights in the claims settlement process.
Accident report
Before you start writing your accident report, you should take a deep breath. This is not an emotional account of your experience, but a brief, objective record of the events leading up to the accident. You should note down as factually as possible who was involved in the accident and what exactly happened where and in what order.
All parties involved should sign this accident report. However, under no circumstances should you be talked into admitting guilt! In the event of a dispute, it always makes sense to call the police so that they can draw up a neutral accident report and/or consult an independent expert (info@amc-gutachten.de). This expert can assess the question of fault neutrally and also take over the damage report.
Checklist for the accident report
- When did the accident take place?
- Where did the traffic accident happen?
- What happened and in what order?
- Who is involved? And WHO can testify to this?
- How or why did the collision occur?
(Here you should also note details such as speed, direction of travel, traffic signs or weather conditions).
- What were the consequences of the accident?
Accident as the injured party: Your rights!
In addition to the reimbursement of repair costs, you as the injured party have numerous other rights to compensation in accordance with Section 249 BGB:
Rental car
If your car has been so badly damaged by the traffic accident that you can no longer use it, you are entitled to a replacement vehicle. The rental car costs must be reimbursed both for the period until an expert opinion is drawn up and for the duration of the repair or purchase of a new car.
If you now have the idea of treating yourself to a fancy Porsche for the duration of the repair: That won’t work, because as the injured party you are subject to the so-called duty to minimize damage. This means that you must ensure that the costs for the other party’s insurance company are kept as low as possible. For the same reason, you may not use the rental car as an interim solution for an unlimited period of time. The guideline for the permissible duration of rental car use is the repair period specified by the expert in the report.
Compensation for loss of use
If you may hardly need your vehicle during the repair period, you also have the legal option of refusing the rental car offered by the other party’s liability insurer and claiming loss of use instead. This compensates you for the loss of use of your car and is calculated using the so-called Schwacke list. You are entitled to a certain daily rate per day, vehicle model and age of the car. This can be quite lucrative compared to simply reimbursing the cost of the rental car.
Important: In order to be able to claim loss of use, however, two things must be fulfilled: the will to use the vehicle and the ability to use it. Willingness to use means that you would normally use the damaged vehicle to get to work, for example, or to drive the children to sports. Possibility of use only exists if you are not bedridden, on a business trip or on vacation in the Maldives, for example. There are exceptions here too. If you are unable to drive a motor vehicle after an accident, you may still be able to use it, e.g. because family members are available to transport you to the doctor.
Compensation for pain and suffering
If you were injured in the collision, you may also be entitled to compensation for non-material damage, in short: compensation for pain and suffering, in addition to compensation for material accident damage. There are no fixed amounts for this. The so-called pain and suffering compensation table can provide an initial figure, but the amount of appropriate monetary compensation for pain and suffering must be determined on the basis of the specific circumstances in each individual case. This is where an experienced expert can help you to substantiate the facts and determine your claims.
Impairment
After a traffic accident, a car will always be worth less than before – this so-called depreciation is another damage item that you can have reimbursed as part of the claims settlement. A distinction is made between technical depreciation and mercantile depreciation.
Technical depreciation means that damage to your vehicle is still visible despite professional repairs – for example, visible differences in color after repainting.
The term “mercantile depreciation” is used when the vehicle has a lower market value due to the accident damage – which is actually always the case with an accident vehicle.
Other damage items
In addition to the damage items mentioned above, there are other costs that you can claim after a traffic accident that was not your fault. These include transportation costs (i.e. the costs incurred if your car has to be transported from the workshop to an external paint shop or wheel alignment), costs for additional paintwork or extra costs if the required spare parts first have to be procured at great expense.
Insurers like to try to reduce these damage items in particular under the pretext of the duty to minimize damage. To ensure that you get your rights, it is therefore advisable to consult a motor vehicle expert such as AMC Gutachten (info@amc-gutachten.de). They know the usual amounts and regional peculiarities.
The insurance company does not pay after a no-fault accident: what to do?
It usually takes between 4 and 8 weeks to settle the claim after a car accident. If you have not received payment for your outstanding claims after this period, you should consult a specialist lawyer for traffic law – your assessor can always put you in touch with an experienced colleague from his network.
Accident through no fault of your own: when should you call in a lawyer?
Insurance companies are profit-oriented businesses that try to minimize the compensation to which they are entitled. Cuts and reductions are the order of the day, which regularly leads to disputes and legal proceedings.
With a qualified expert opinion, you are well prepared for such cases – AMC Gutachten (phone 0173-154 37 47) has settled around 3,000 expert opinions in the past 5 years without any real complaints. However, if the liability insurance company should completely refuse to pay, we can of course also put you in touch with a competent specialist lawyer for traffic law. Justified claims for damages can be brought before a civil court.
Good to know: The costs of a lawyer – as well as the expert’s fees – must be covered by the opposing insurance company in the event of an accident for which it is not at fault.
Should accident damage always be handled by the insurance company?
Yes and no. As the injured party, you should be careful when it comes to assessing the damage: even supposedly minor damage can turn out to be more serious in retrospect, for example if the axle has warped or the reversing camera has been affected. Many such cases of damage are not apparent to the layman at first glance, which is why it is advisable to call in an expert.
Your own appraiser - these are the advantages
With more than 2 million traffic accidentsa year, it is only logical that insurers try to save money wherever they can. This is understandable, but as the victim of an accident, you have nothing to give away. However, asserting your claims on your own is often easier said than done.
It is more efficient and, above all, easier to commission a specialist to do this. An accident appraisal also lists the necessary calculation variables such as residual value, depreciation or loss of use. A certified appraisal office such as AMC Gutachten (info@amc-gutachten.de) ensures a quick and worry-free settlement and takes care of the tedious paperwork for you. You will usually receive your appraisal within 24 hours of the inspection, and thanks to our digital damage file, you can view the process at any time.
In the event of legal disputes, we can also recommend a good lawyer for traffic law.
What to do in the event of partial debt?
It is not always immediately clear who was at fault for every accident. However, the question of fault is of fundamental importance for insurers: depending on the apportionment of fault, the costs are also divided up on a percentage basis. If both parties involved in the accident are equally at fault for the collision, each party must pay their own damages.
The principle of fault-based liability pursuant to Section 823 BGB applies here: Anyone who negligently or intentionally causes an accident is liable to pay compensation. The so-called strict liability also plays a role. It states that anyone who drives a vehicle on the road generally poses a risk to those around them. In order to clarify disputed cases of fault, witnesses are interviewed after the damage report and expert reports are drawn up to make the course of the accident comprehensible.
Conclusion
After an accident through no fault of your own, you should remain calm and level-headed and take care of the most important things first: Your safety and that of those around you. For everything else, you as the injured party can confidently rely on an appraiser, who will take care of the entire claims settlement for you – simply, carefree and safely. This way, you get your rights and the money you are entitled to without getting bogged down in disputes with the other party’s liability insurance.
Give us a call (phone 0173-154 37 47), we will be happy to help you!
