The motor vehicle liability insurance is a legally prescribed component of the car insurance. it covers claims for damages caused to others (third parties) by the operation of your vehicle. The own motor vehicle liability insurance does not cover damages to the own vehicle. For the coverage of own damages the comprehensive insurance is responsible.
The legal claims underlying in the motor vehicle liability claim differ from the contractual claims in the motor vehicle own damage claim.
In the case of liability damage to a motor vehicle, the person who caused the accident is obliged to compensate the injured party for the damage suffered as a result of the accident, in accordance with § 249 of the Civil Code. The injured party is to be placed in the position as if the damage had not occurred.
In lieu of restoring the original condition, you can ask for the amount of money that would be required to restore it. In this case the settlement is not made by the accident causer.
By law, the liability insurance of the person who caused the accident takes the place of the policyholder and pays for the damages. All costs which are necessary for the re-establishment of the condition before the accident event are credited here to the damage and replaced.
The claims can be varied, these include the property damage to the vehicle, depreciation, compensation for loss of use, rental car, towing costs, parking fees, loss of earnings, compensation for pain and suffering, expert’s fees, legal fees and others.
Tort law
For the settlement of a motor vehicle liability claim, the" indemnity law" apply, here you have as an accident victim in Germany compared to other countries of the EU a very good coverage.
Damage control
As an injured party, you set the tone in the settlement of a claim in the event of a third-party liability claim and can exert a great deal of influence on the management of the claim. For this you should know your rights and obligations!
Damage appraisal
In case of damage the neutral expert of your choice is your right. The expert opinion is part of the compensation for damages. You as the injured party decide for yourself whether an expert opinion is required.
The law of damages in Germany provides you with comprehensive rights in the event of a claim. Compared to other countries in Europe, your claims are extremely diverse. They include depreciation, towing costs, rental car costs, loss of use, financing costs, etc. also the costs for an expert opinion and a lawyer to represent your interests. In many other countries, items such as expert witness fees and legal fees have to be paid out of pocket. Further the regulating insurance has in the case of a motor vehicle liability damage substantially less active organization possibilities . Provided of course you know your rights, otherwise it runs also fast the other way round. A neutral damage assessor is the first step in a claim settlement without remote control .
The costs for an independent accident assessor are borne by the settling insurance company in the event of a third-party liability claim
The preparation of damage appraisals (motor vehicle liability damage) is required if your vehicle has been damaged by another road user through their fault.
In the settlement of claims, a neutral accident report represents the optimal basis for regulation. However, caution is advised in the case of minor damage and unclear question of guilt. In individual cases, it may make sense to take a different route and have a brief expert opinion or a repair calculation prepared. In individual cases, a cost estimate can also be a solution. Before commissioning an expert, you should talk to him about the cost risk; in our case, this is one of the first issues to be clarified.