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10 tips: What to do after an accident?




After a car accident, there are many questions: What formalities need to be completed? Where to put the broken car? Who pays for the damage? What is important now.

  • Checklist: Secure the accident site, take photos as evidence, look for witnesses

  • Cost coverage: When the workshop can start repairing

  • To repair accident damage or not? Possibility of fictitious billing

While you are reading this paragraph, there has been another crash somewhere in Germany: statistically speaking, an accident happens every twelve seconds in this country. Mostly only sheet metal damage, but annoying for everyone involved. Hardly anyone really knows what to do now. Here you will find answers to the ten most important questions – from filling out the accident report to enforcing your claims.

1. What is the first thing I have to do after a car accident?

  • Secure the scene of the accident: Turn on your hazard lights and then set upthe warning triangle – at a distance of 50 to 100 metres.

  • You must have a high-visibility vest in the car. And it makes sense to put them on. Especially on busy roads and in poor visibility.

  • Provide first aid, call an ambulance if necessary

  • Then collect evidence. This includes photos of the accident site and
    the damage to the cars.

  • Look around for witnesses, take their personal details.

  • Clarify with the other party in the accident whether the police should be called.

  • On request, you must show the driving licence and vehicle registration document to the other party in the accident

  • The most important thing: Exchange data! Fill out the accident report together with the crash opponent – it belongs in every glove compartment. All the data
    you need is recorded on the sheet. The form is available free of charge at any
    ADAC office or as a pdf.

2. When should I call the police after the accident?

In any case, if rental and company cars are involved in the accident. In addition, in the case of major property damage - in the case of small scratches, the police may not come. She was to be called when someone was injured. In addition, if you argue with the opponent or he has run away. The police are recording who has violated traffic rules. A common misconception: The officials do not clarify who has to pay for the damage. Therefore, it makes no sense to discuss the liability issue with the police officers. Please note: Do not incriminate yourself under any circumstances, information about the person and the vehicle is sufficient.

Which phone number do you dial after a traffic accident? In the event of major damage, injuries or deaths, call the police on 110 or/and the rescue service on 112. Otherwise, just the number of the nearest police station.

3. Who clears away the shards, where to put the car?

Everything has been clarified at the scene of the accident, now the car has to go. If it has to be towed, you can always choose a workshop. However, please note: If the opposing insurance company has to pay for the accident damage, then with a few exceptions, it only has to pay for the towing to the nearest workshop. By the way: Clearing away sheet metal parts and shards is your business. Only in the case of serious accidents is the fire brigade responsible for this.

4. Which insurance company is my contact person after the accident?

That depends on who caused the accident. If you are 100 percent liable, report the accident to your motor vehicle liability insurance. If the other person is 100 percent liable, there is full compensation from his insurance company and you only turn to them. If you believe that you are at least partly to blame or the opponent sees you as guilty, you must also inform your own motor vehicle liability insurance. Then both insurance companies examine the facts of the case, taking into account the information provided by the parties involved and witnesses. In the end, it is a matter of who pays what share of the damage. The claims are settled according to this liability ratio.

An example: In a parking lot, two cars collide when maneuvering. The facts of the case are difficult to clarify. Here, the insurance companies often assume 50:50. This means that everyone gets half of the damage and other services such as rental cars compensated. You have to pay the other 50 percent yourself.

If you have fully comprehensive insurance, contact it in case the opposing insurance company only pays partially or not at all. However, you risk an upgrade in the no-claims discount if you have not agreed on discount protection with your insurance company. Tip: You can often use the "quota privilege" to get back part of the money for this downgrading as well as the deductible for the opposing motor vehicle liability if the opponent is partly to blame for the accident.

5. When can the workshop start?

If the other party in the accident is 100 percent liable, the following applies: In the case of minor damage of up to approx. 1000 euros, have a cost estimate prepared by a workshop with photos of the car and submit it to the opposing insurance company. If it is a more expensive repairor a total loss, you need an appraisal. The bill for this is paid by the opposing insurance company. You are free to choose the expert - the ADAC will help you with the search.

By the way, the workshop can start repairing it once the cost estimate or expert opinion has been prepared.Ideally, the repair costs are already covered by the other insurance company. So it's clear that it pays. Without this promise, the workshop can also settle accounts directly with the insurance company – for this it needs a declaration of assignment from you. However, you then bear the financial risk, as you are the client.

In the case of partial fault, the repair costs are covered by the insurance of the other party in accordance with the liability ratio.

If you have your own damage handled by the fully comprehensive insurance, you must contact them.

6. Do I have to have my accident damage repaired?

The choice is yours. Either you have your car repaired against invoice, or the dent on the fender and the paint scratches do not bother you. They do not repair it or bulge the wing themselves. Then you can bill "fictitiously". This means that you have the costs determined by the workshop or the appraiser paid out net by the insurance company.

In the event of a total loss, the difference between the replacement value and the residual value will be reimbursed. If the car is just a pile of scrap, this is a technical total loss. We speak of an economic one when the financial outlay for the repair exceeds the replacement value. Good for consumers: The insurance company must also pay if the estimated repair costs are up to 30 percent higher and are really completely repaired – this is what the Federal Court of Justice has decided (Federal Court of Justice, VI ZR 258/06).

7. What if the insurance company does not want to pay?

A classic in legal advice is the dispute over repair costs. Disputes are usually about insurance cuts in fictitious billing. This is usually about the amount of the hourly rates. There are usually no problems with vehicles up to three years old. For older cars, the insurance company can apply the rates of cheaper workshops. Tip: If your vehicle can be proven to have a service history, you are entitled to the higher rates.

Often, however, it is also about the invoice of the workshop. If the insurance company reduces the actual repair costs, this can often be objected to as well. In the event of reductions, it is best to seek advice from a lawyer.

8. Can I rent a car?

For the time your car is in the workshop, you can take a rental car. However, only if you use it sufficiently, i.e. drive at least 20 kilometres a day. When choosing a rental car, you should choose one vehicle class lower to avoid deductions: If you have a Golf, e.g. a Polo. And pay attention to the conditions. Many rental car providers have more expensive rates for accident victims – and they are not always fully reimbursed. If in doubt, it is better to ask ADAC legal advice to avoid trouble.

In the event of a total loss, you can also take a rental car. This is paid for the duration of the replacement of a vehicle according to the information in the appraisal if you prove by presenting the purchase contract or the vehicle registration document that you have purchased a new vehicle for the vehicle involved in the accident.

If you can bridge the car-free period by bus, train, etc. and do not take a rental car, you are entitled to compensation for loss of use.

9. What other benefits am I entitled to?

Not only when choosing a rental car, the following applies: You must not spend the money of the insurance company with your hands full. Because you have a duty to mitigate damages! But you don't have to give anything away either: you can claim costs for your lawyer, tow truck, expert, disposal in the event of a total loss as well as lump sums for telephone or postage – always in proportion to the liability ratio. This means that if the liability is 75 percent distributed in your favor, you will also receive three quarters of your expenses. You have to pay 25 percent yourself.

A tricky question is the depreciation of the vehicle involved in the accident. Whether and to what extent it is available can only be clarified by a motor vehicle expert. The rule of thumb is that there is more than minor damage, time-consuming welding, painting, straightening or filling work was necessary. In addition, depreciation is only considered if the car was not already completely dilapidated.

Don't forget: If you were injured in the accident, you are also entitled to compensation for pain and suffering and domestic help.

10. What do I do after an accident abroad?

You can settle property damage from home if the accident occurred in an EU member state or if the opponent comes from an EU country. This is also possible in Switzerland, Norway, Iceland and Liechtenstein. Contact the Zentralruf der Autoverversicherungen at 0 800 2 50 26 00 (free of charge). There you will find out who is responsible for foreign insurance as a regulatory officer in Germany.

The law on damages of the country of the accident applies if the accident did not happen with German vehicles. Outside the European Union, you must contact the opposing insurer directly. Here you can read information and tips on what you should consider abroad after an accident.

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