Each victim is exposed even in so-called. Unique accidents numerous cost traps. Therefore, any traffic accident belongs to the settlement in the hands of independent professionals (lawyer specializing in traffic law) and not in the hands of the opposing insurer or by repair shops. The legal fees will have to assume under the responsibility of the opposing insurer.
The following table presents an overview of claims for damages that can make an injured person after a traffic accident claim in Germany.
The in a traffic accident victim has a variety of possible bases for claims against the opponent’s insurer or the opposing driver. The claims are usually set against the opponent’s insurer, the direct contact with the responsible party is thus not given.
It lies in the nature of things that the regulation behavior of the insurer is different because the insurer to each other are facing tough competition and want to keep the regulatory sums as small as possible. Fast polite letter to the injured suggest goodwill. The reality shows that the claims are intended to be kept as low as possible. So in the regulation should also be kept out lawyers, “the only cost money”. Insurers offer here the so-called. Damage management. Attention, that sounds good, but good is the enemy insurers, not the needs of victims.
The damage must be determined first. This includes not only the car damage, but possibly also accessories and damage to personal items or clothing.
In car damage is urgent because of delayed damage assessment (Opinion) passes valuable time. A rental car is claimed, the “mediated” by the friendly driver of the tow truck was (“pays the Gegegnseite yes”), caution is required:
On the one hand the so-called can. Car accident Spare tariff (the much more expensive than the usual rental fee is) prepare later to the amount of problems (see also our commentary on the judgment of the BGH on 07/02/2007 Az. XII ZR 125/04), as well the rental period (loss mitigation) or the fact that later the repair is not carried out or a replacement car is not procured. Then eliminates the so-called. Terms will and it will be replaced no car hire expenses.
Even if no rental car is claimed, will be presented in the calculation of Ersatzansprüchs for a so-called. Loss of use of money.
The duration of use is calculated failure in a non-roadworthy vehicle as follows: First, the injury analysis period is preceded by the ends with receipt of the opinion. Without knowledge of repair costs, replacement value and residual value the claimant may before the receipt of the opinion, not be expected to repair or replacement. After that, a consideration time follows, which lasts for circumstances between three and seven days. Then joins the period of repair or replacement. Taking into account of public holidays or Sundays and holidays can avail grow significantly this period.
If there is a repair damage, must not be allowed the possibility of occurring (mercantile) Impairment aside.
Accident damages of any kind are unasked notify the buyer by the vehicle owner in the sale case. This leads the potential buyer to the requirement for a price discount. Therefore, a mercantile reduction in value is also to be paid if a technical reduction in value does not remain. The mercantile reduction in value of an accident damaged vehicle is also to be reimbursed if the owners continue to use the car, the lesser value therefore not concretized in a sale (see .: BGH 03/10/1961 AZ: VI ZR 238/60). This impairment is a real loss to the affected owners. If the owner decides to use the accident damaged vehicle after the repair even further, there is no reason that this decision should lead to a relief of the tortfeasor. A mercantile reduced value is must therefore be allowed to the person concerned at continued use of the vehicle in the same way as this is of course the sale of accident car.
Next is remarkable that vehicles today have a much longer shelf life and service life. He regularly comes into consideration for vehicles up to a registration period of 5 years.
In determining the cost of repair also a total loss or called. Economic total loss may be present.
In total loss as economic total loss the replacement value of the car involved in an accident and whose residual value is determined. Already the determination of these values can be controversial. Furthermore gem. § 249 para. 2 BGB to account for the VAT. This does not exist, if no repair bill will be submitted.
Insurers often cause adverse calculations for the injured. It should be noted that when accounting for (economic) total loss based initially on the gross – replacement value of the residual value is to be deducted and then the VAT is herauszurechnen. In the other case (replacement with sales tax) must not first of net – only the residual value will be deducted replacement value and then the VAT will be added.
The replacement value is defined by the Supreme Court as “amount which the injured party has to be paid at a reputable used car dealer in the radius of 50 km of his place of residence for a comparable vehicle” (BGH VersR 1966 830). A determination of the replacement value on the so-called “Mobile.de – market price.”, As it proposes the BSVK (Federation of experts), therefore precludes the Court of BGH.
The tortfeasor (Cars – civil liability insurance) is not entitled to the gross – herauszurechnen replacement value turnover, if it is damaged in the accident vehicle is an older car.
An accident victim may also with his (scrap) method vehicle at will. He can utilize this himself, but he may also declare that he would take no further conditions on the wreck and make them available to the insurer, in this case, it must receive the full replacement value from there. The injured party is not committed to the acts for which there is virtually no spare in the professional trade and is traded only on the private market (Cologne Higher Regional Court, judgment v 05.12.2003, AZ. 19 U 85/3 = NJW 2004, 1465 – 18.08.2003 C 331 7459 // 03, AG Borken v AZ:: 15 C 130/03, there € 3,100.00; NJW 2004, 1916 AG Munich v 25.06.2003 AZ; there was a car old- 6 years.. ff). Operate residual value realization itself (cf.. BGH VersR 1983 758). The residual value buyer has to pay the value in cash and the victim of inconvenience indemnify, as should a written caveat emptor be agreed.
In an economic total loss it is possible to repair the damage, if the repair cost is up to 130% of the replacement value.
The expert’s report is relevant to the question whether a repair is economically sensible. If the amounts reported in Opinion repair costs do not exceed the 130 per cent limit, so the injured party also has the right to compensation for the full repair costs, if it transpires in the course of repair, that this limit is exceeded. He’ll have to make proof of the actual seizure of the 130 per cent limit on rising costs (repair bill).
If the amounts reported in the expert’s report estimated repair costs already exceed the 130 per cent limit, so a repair usually is not economically viable. The injured party decides nevertheless to carry out the repairs, he may, after a minority opinion (Huber, “You capping of VAT on the notional damage settlement” in NZV 2004 105, 110) demand compensation for the actual repair costs when under the 130-percent limit are. If both the expected, and the actual cost of repairs to the 130 per cent limit, so he can settle only on a total loss basis.
Problems can arise if the injured party immediately (up to three months) sells the vehicle after the accident, and this is known to the insurer.
The above findings are not in accordance with applicable for damage to vehicles or so-called lovers. Classic cars.
The injured party would be well advised to hire a lawyer or specialist solicitor to draw personal injury advice, because besides the question of the amount of an estimate of the pain and suffering, and possibly also in the form of a pecuniary pension, also the problem of (unrecognized) late effects, side-effects such as acquisition damages increased needs and budgetary losses from a layman simply can not be completely overlooked. Rashly accepted severance arrangements may prove costly mistake. The injured man is overwhelmed usually with asserting its claims.
Smart money is always paid out in total payments, pension payments are an exception (eg. As in children). As a result, the amounts should be congruent.
Possible long-term consequences (for example, in joint fractures regularly osteoarthritis or unilateral blindness later complete blindness) should (due to limitation danger with the effect of a declaratory judgment
It should be reserved. Injuries (if possible) are well documented (photos) and the attending physicians are fully informed.
Further, a so-called. Sick diary should for monitoring subsequent medical reports be conducted by the victim, the number, type and location of the respective medical treatments or therapies / rehabilitation measures considered and performs subjective complaints by type, scope and duration.
The lawyer can thus check later medical reports or certificates for completeness and relevance.
Next the injured party about his expenses, installation finished (z. B. over practice fees, co-payments pharmacy, therapies, etc,) and photocopies of supporting documents should contain the for the lawyer.
Ultimately, a ride of expenditure (date, reason, destination and indicating the number of kilometers or receipts for bus, train or taxi) should be made.
It should also limitations by injuries such as lost on his boat or disability in hobbies like also to be carried out and already firmly planned work not (conversion etc) are documented. If this leads to even costs (cancellation fee – substitute performance), these should be documented.
In addition to the medical certificates also Parameters for the design of the pain and suffering is the duration of an attested incapacity (MDH / AU) or reduction of the financial management capacity (necessary here the description of the household, number and age of people who are in work, size of the apartment which floor or house with much floors / garden size, number of carers / animals, and to what extent the period for which accidental limitations templates). The financial management damage can be calculated concrete or abstract.
Under the proposed by Schulz-Borck / Hofmann method, which predominantly follows the case-law (BGH VersR 98, 333; BGH VersR 90, 907; BGH VersR 88, 490; BGH VersR 89, 341), is initially the objective amount of time required for the continuation of the budget in the previous standard with the percentage of specific disabilities and the net hourly wage a necessary assistant (BAT X or caregiver) to multiply. To calculate there are tables that uses the specialist lawyer accordingly.
If a sick leave for professional or other reasons not to take place, this should be the treating physician to confirm the indication of how long an AU would be active.
Those who do not “sick celebrates” should not disadvantage when determining the amount of damages suffered (cf. OLG Saarbrücken judgment v 27.04.1990 AZ: 3 U 169/88; AG Andernach v AZ 4.9.2001:… 6 C 1144/00; AG . Zwickau v 2.3.2001 AZ: 4 C 1744/00).
In inpatient costs also visit close relatives are eligible for compensation, if this is medically certified as for the healing process medically meaningful action to be supported for the healing process.
It is noteworthy, whether a so-called. Commuting accident exists. In this case, a professional association is an admission charge. Here also services can be provided, for example, are to be counted against the financial management of damage, since pass over claims to the trade association by law. But do not count on the services of the pain and suffering itself. This is a highly personal claim.
Pension entitlements may arise even in permanent damage to a statutory pension insurance; it shall be submitted to the pension insurance institutions here such requests.
Privately completed accident insurance should not be forgotten, since there may also be private law claims of victims occur.
Loss of income should be calculated by the employer, if it is not covered by sick pay, this should also allowances, bonuses, vacation pay and Christmas include other additional remuneration that are not achieved due to an accident.
For self-employed the calculation is more complex and can be generally prepared by the accountant or be made plausible before the accident as a basis of comparison for the loss period by presentation of profit and loss accounts for the past 3 months.
Should the training be delayed due to an accident or the merit to be permanently impaired, a fictitious calculation of damages should be made, as the harmful event has adversely affected the development.
Ultimately, the spare capacity of psychological consequential damages a complex field. These should be used by specialists and have been causally caused the accident.
Also indirectly by the accident victims can pain and suffering claims make. . The prerequisites for damages claims in connection with the so-called shock damage (bsplw news of the death of their own child.) Under the following conditions: Severe impairment – health damage to the person concerned (survivors) must by nature and gravity, clearly go beyond what Affiliated than indirect victims suffer in such categories of cases to impairments. (The better documented the greater the chances of success). Only close family member is entitled to the claim. But managed also fiancée and spouses (LG Ffm NJW 1969, 2286) .The shock must be understood in terms of its rise. This has been true in death and serious injury even then, when the national has not even witnessed the event, but “only” notified accordingly (BGH NJW 85, 1390).
Pain and suffering claims can now also be inherited. With the death of the victim go his claims to the heirs.
In the event of death of the victim have the members entitled to funeral expenses (all costs in connection with the services of a funeral home are) Repatriation Grabstein-, Grabbepflanzung-, Trauerkarten-, Bewirtungskosten- as well as damages for lost maintenance claims from members.
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