10 important advices for behaving after an accident

Practical examples »

If you are involved in an accident irresponsibly, you should pay attention to the following advices:

1. Enjured persons have the right to engage an independent assessor of their choice to adduce evidences and to identify the amount of the loss. This also applies when the the insurance has sent its own assessor without the agreement of the injured person. The costs for the experise and the assessor have to be compensated by the insurance. In case of a minor loss (up to 750,- €) an estimation of costs given by an assessor-office or a qualified body shop is the only need to verify the loss.
   
   

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2. Only the total conservation of evidence allows a full compensation for damages and the enjured person will get paid for all losses. The full conservation of evidence also allows that the damage can be identificated and eliminated totally. Often the conservation of evidence is needed to settle disputes about the circumstances of the accident or the details of repair. The expertise helps identifying the time of nonuse of the damaged vehicle verifying the compensation for rented cars or the loss of use.
   
3. In case of selling a repaired vehicle it is a responsibility to bare the damage and that the accident was happened. With an expertise (+ pictures) the potential buyer can accurately be informed about the loss.
   
4. The amount of a possible depreciation normally can be verified by an expertise. Without engaging an independent assessor drivers unintentionally will abstain from this depreciation.
   
5. Your vehicle can be repaired by a body shop of your choice. This is your right. The insurance does not have any decisional authorities in reference to the place of repair.
   
6. The injured person has the right to get compensated for the costs of repair based on the experise (fictitios accounting). Because of the implementation of a new law reffering the compensations of losses (since 08/01/2002) the costs of repair always are compensated exclusive of the legal VAT. In case of a total loss the VAT highly influences the current replacement value.
   
7. If your vehicle is not roadworthy after an accident, you have the entitlement to rent a car for the time of nonuse which is listed in the experise. In this case just contact your local car rental. If it is unnessessary to rent a car, the time of nonuse will be compensated by a payment. The amount of this compensation depends on the vehicle type and can be determined by a motor vehicle assessor.
   
8. Keep the process of the damage and compensation in your hands, especially when the insurance of the opponent offers the full clearing of the process. Do not allow the elimination of an independent assessor by so called “claims management”.
   
9. Lawyers represent your vested interests towards the author of damage and his liability insurance. The appointment of a lawyer can guarantee that you will be fully refunded for your loss / damage and the insurance has to bear the costs for the lawyer (lawyers can be arranged by the “Arbeitsgemeinschaft der Verkehrsanwälte im Deutschen Anwaltsverein”, Phone: +49 (0) 228/26 07-0 or by the "Beirat Rechtsanwälte im BVSK", Phone: +49 (0) 30/25 37 85-0).


10. Reffering an accurate compensation the independent assessor also supports the opposing insurance. This is an important fact for all police holders who refinance the damages with their premiums.