A traffic accident is always an exceptional situation for those involved. Shock and excitement often cause people to forget to collect contact details from witnesses and take photographs of the accident site. Those who remember to do this and also have the accident recorded by the police have already laid the initial groundwork for enforcing their own claims.
Working as a lawyer specializing in traffic law shows every day that this alone is not enough. Accident victims who try to enforce their claims themselves regularly suffer further financial losses—often without even knowing it.
A victim of an accident can unknowingly make many mistakes and should be aware that their own financial interests do not correspond to those of the other party involved in the accident. This already applies to the assessment of damage to their own vehicle and, in particular, to repairs carried out in a so-called "trusted repair shop" of the opposing insurance company. Independent automotive experts often arrive at higher damage amounts, and regularly also at other, more extensive repair measures for the proper repair of the vehicle.
In addition, the settlement of claims usually goes far beyond the main repair costs. For example, loss of use or rental cars, towing costs, depreciation of the vehicle, and compensation for pain and suffering are not usually reimbursed by insurance companies without being requested. Only claims that are expressly asserted are settled—and even then, often hesitantly and reluctantly. The establishment of liability ratios and significant deductions from damage items after obtaining "inspection reports" are unfortunately commonplace. Without legal assistance, further damage often occurs in the aftermath of the actual accident due to incomplete settlement of one's own payment claims. The subject matter is becoming increasingly complex and is often overwhelming and difficult to comprehend for legal laypersons.
It is therefore imperative that the accident damage be handled by a specialized Lawyer immediately after the traffic accident so that timely advice and then prompt and complete settlement of the claim can be ensured.
In the case of an accident through no fault of your own, the opposing party's liability insurance must also bear the costs of legal representation. Therefore, accident victims should not hesitate and can seek legal assistance immediately.
A traffic accident is stressful enough. Seeking legal assistance at an early stage ensures that evidence is preserved and that the settlement proceeds without avoidable disadvantages. The most important advice is therefore: document the accident, call the police, and then consult a Lawyer immediately.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.