No Fault Traffic and Road Accident Claims Overview for Germany

The danger of involved in a traffic accident in road traffic is high. Even if you can be made not at fault reproach because you have behaved einwanfrei, you can be involved in an accident due to the negligence of other road users. Courtesy of a German law website seen below.


In such a case it is good to know what you are entitled to claim.

But one thing first: Immediately after the traffic accident you should hire a lawyer working in the traffic law to safeguard their legal interests. In many cases the victims are trying to regulate the traffic accident by contacting the opponent’s liability insurance to take into their own hands. This is not recommended, because it will be out of ignorance always forget individual damages positions or rejected by the opposing party liability insurance with a legally untenable argument.

What claims are available to principle?

In the German tort law the principle that the victim must be made as it would if the accident had not occurred is valid.

Important are in particular the following heads of damage:

1. Experts Costs: If the traffic accident caused solely by the opposite side and in debt, you may instruct an expert of your choice with the assessment of your vehicle. An evaluation by an expert is in practice often indispensable, since can only be determined by evaluating how much of the damage to the vehicle is or how high the repair or replacement cost will be. However, I recommend before the commissioning of an expert consultation to keep up with the lawyer you trust, so that it can be clarified whether the appointment of experts in individual cases make sense.

2. Repair costs: From the opposite side, the estimated by the expert repair costs or actually incurred repair costs are required replacing. It should be noted that a refund of VAT. Takes place only when the attack can be detected.

3. replacement value (minus residual value): If there is a so-called total loss or economic total loss, the injured party by the other party may request the replacement value minus the residual value..

4. loss of use compensation: For the time in which the injured his vehicle as a result of a traffic accident can not be used, he is entitled to a grant of compensation for use. In case of repair, the refund for the time of the (estimated) period of repair is carried out. In case of total loss, the so-called. Replacement period shall prevail. Alternatively, a rental car be availed. The reasonable costs are here to report also.

5. Schmerzensgel: You were injured by traffic accident, you are also entitled to damages. The amount is dependent on the individual case and should be determined in each case by using a lawyer.

6. Housekeeping Damage: In individual cases, you can make a financial management damages. The calculation is complicated and should be performed by a company engaged in traffic law attorney.

7. Cost of treatment: they incur, also replace as a result of accidental injury costs of the medical treatment to be carried out as these are of the opposite side.

8. Loss of earnings: Have you had recorded as a result of the accident loss of earnings, so the other side is an admission charge for these.

9. Other damage items: From the opposite side can further damage positions, such as Logon and logoff costs, travel expenses, disposal costs etc. and a flat rate payment are required. These (mostly smaller costs) are in practice often forgotten. In individual cases, additional compensation items are conceivable.

10. legal costs: The other side has, if the traffic accident has been exclusively caused by the other party to pay the legal costs of the victim.

Even at the time being clear traffic accident occurs in the regulation often results in difficulties due to the behavior of some regulatory liability insurer.

They are therefore well advised to hire a lawyer immediately.

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