It happens thousands of times a day and anyone can be affected from one moment to the next – a traffic accident. In addition to the trouble on the spot, it is not uncommon for problems to arise in the course of settling the claim with the opposing insurance company.
The shares of responsibility are not always clear in advance. Especially in such cases it is advantageous to be supported by an experienced lawyer. But even in supposedly simple cases, in which the question of guilt seems to be clarified clearly to the detriment of the other side or this is expressly admitted by the other party, it is worthwhile to have the settlement of the claim handled by a lawyer.
In the end, it is not the other party to the accident that you have to deal with in the settlement of the claim, but his insurance company. These insurance companies are regularly concerned with reducing their own costs and employ experts to do so, who look for pitfalls in each individual case. Due to the legal situation and jurisdiction, there is a complex and opaque field in which it is easy to get lost. If a lawyer is only called in after unexpected complications arise, he or she can often only limit the damage in settlement.
Experienced and assertive lawyer and specialist in traffic law Felix von Pierer, from the law firm Hummelmann, von Pierer und Kollegen in Erlangen, represents you. You are always in good hands with our law firm, especially when it comes to accident settlement and disputes with insurance companies.
1. What are the advantages of a lawyer after a traffic accident??
A lawyer supports you in the settlement of the claim and advises you comprehensively about your rights. After a traffic accident the shock often sits deeply. Nevertheless, it is necessary to react promptly and assert one's rights. Even in supposedly simple cases, there can be numerous problems due to pitfalls in the complex regulatory system.
In addition to comprehensive advice, your lawyer can meet the experts of the opposing insurance company at eye level due to his extensive expertise and protect your rights. He not only relieves you of the stress of communicating with the insurance company, but also secures your legal position.
Even in cases of culpably caused accidents, claims may exist for you, for example, on the basis of an existing comprehensive or partial coverage insurance policy. How these are structured depends on the respective insurance company and is often not so easy to determine.
In addition, the question of guilt often turns out to be not as clear-cut as initially assumed. An experienced specialist lawyer may be able to prove partial fault on the part of the other party in the accident.
Also, it can quickly come to unclear links. In practice, this is particularly the case when a rental car, and thus a third party, is involved in the matter. A lawyer keeps the overview for you even in complicated constellations.
It is therefore always worthwhile to consult a lawyer at an early stage after traffic accidents.
2. Who bears the costs for the lawyer in case of a traffic accident?
This depends on who is at fault for the accident. The basic rule is that if you are at fault for causing an accident, you must pay all the costs incurred by the other party in settling the claim.
The Federal Court of Justice has confirmed that this also includes the legal costs of someone who was involved in the accident through no fault of their own. In these cases you do not incur any costs.
To summarize:
If you were involved in a traffic accident through no fault of your own, the insurance company of the other party involved in the accident must pay your full legal costs. If, on the other hand, you are partially at fault, the opposing insurance company will only pay part of the lawyer's fees. If you are solely responsible for the accident, you are liable for the costs. In this case, an existing legal protection insurance, which also covers traffic law, bears the lawyer's fees. At most, a personal contribution is due.
3. What does a lawyer pay after a traffic accident?
First of all, an experienced specialist lawyer will advise you comprehensively about your existing damage positions and the rights to which you are entitled. These may seem simple at first, but a closer look regularly reveals complex larger fields of damage positions and rights that the unbiased observer often overlooks. A specialist lawyer will support you with his expertise to quantify the actual amount of damages.
Compensation for damages is about making the accident undone from a financial point of view. According to this, the other party must pay you e.g. the costs of the accident. for incurred towing- repair- transport- and rental car costs, resp. if necessary. compensate a loss of use. Particularly in the case of injuries and pain, this also includes adequate compensation for pain and suffering.
Even if the damage cannot be precisely quantified at first, it is necessary to file claims with the insurance company promptly. It is advisable to get this opinion from a competent specialist lawyer.
4. What rights do I have after a traffic accident that was not my fault?
After a traffic accident that was not your fault, the other party is obligated to settle the damages you have incurred. It is to occur a condition in which, at least from a financial point of view, the damage event is undone.
Depending on the individual case, this includes a variety of damage positions. So in particular:
- Towing costs
- Repair costs or the replacement cost
- Rental car costs or an if necessary. resulting loss of use damage
- Compensation for pain and suffering and medical treatment costs
- Loss of earnings
- If necessary. a so-called. Household damage
- Lawyer's and expert's fees
In addition, there may be several other smaller items of damage, such as the costs of deregistering the accident vehicle and the associated travel costs or disposal costs.
5. In the case of culpable traffic accidents, can an attorney mitigate my costs?
Yes, it is possible. Particularly if the question of guilt is not as clear-cut as it initially appears to be. If it succeeds with the help of an experienced specialist lawyer to prove a partial guilt of the other party, corresponding claims arise also on your side, which can reduce your costs.
In addition, claims from existing comprehensive insurance claims can be considered. A specialist lawyer for accident and traffic law can assist you in communicating with the insurance company and help you protect your rights.
6. Is there a deadline for reporting the accident to the insurance company?
Yes, a damage event must be reported promptly to the insurance company liable to pay compensation. Otherwise, there is a risk that these benefits will be denied in whole or in part. Therefore, do not lose any time after an accident, even if the question of guilt has not yet been clarified.
If you have caused an accident, you should report the claim to your insurance company within one week. If you are the victim of a traffic accident, you should file your claims with the opposing insurance company within two weeks of the accident at the latest. Even if you can't yet quantify your exact damages.
In many cases, it is worthwhile to consult a specialist lawyer for traffic law immediately. This can advise you comprehensively and also take over the communication with the insurances for you.
7. Conclusion
The involvement of a lawyer after a traffic accident brings you advantages both as the person who caused the accident and as the injured party, especially in the dispute with the insurance companies! The cost of a lawyer is borne by the person who culpably caused the accident. In addition to providing comprehensive advice and communicating with the insurance company, a lawyer will also help you determine and quantify your damages and claim them on your behalf. After a traffic accident, you are entitled to extensive claims for damages against the insurance company of the person who caused the accident, e.g. loss of earnings, medical treatment, repair, towing and rental car costs to. An experienced lawyer keeps track of this for you. Even in the case of a culpably caused accident, a lawyer may be able to reduce your costs and handle the complex communication with the insurance company for you! After a traffic accident should promptly contact the insurance company. If you are an aggrieved party, this should be done within a week; if you are an aggrieved party, it should be done within two weeks.