There are crashes on German roads every day. When road users come into contact with each other, a proper dialogue between the parties involved is crucial. Unfortunately, however, this happens far too often: after the initial agreements have been made, the other party in the accident doesn't get in touch. In our guide, we explain what to do in such cases.
- If the other party is uncooperative or even commits a hit-and-run: make a note of the licence plate number!
- The person responsible for the accident does not contact you? You can still successfully claim compensation!
- The insurance company of the responsible party is also liable if the responsible party is not available.
- In Austria, claims settlement in such cases is somewhat more complicated.
- It makes sense to report the damage to your own insurance company - even if you do not appear to be at fault.
After the accident: What do I need to consider?
As is so often the case, the first few seconds after a crash can be decisive later on. The same applies here in a moment of excitement: Keep calm and make a note of the other party's licence plate number. After all, you can never know in advance how co-operative they will be. Hit-and-run accidents are also a potential danger. In such cases, look out for witnesses who may have memorised the vehicle's registration number.
But even if this extreme case does not occur, the parties involved can make life difficult for you. If you realise during the conversation that the other party involved in the accident does not want to hand over their insurance details (and does not want to contact them themselves), it is worth knowing that they are legally obliged to do so under Section 34 of the Road Traffic Act.
If the other party involved in the accident is uncooperative, you should always contact the police to clarify the situation on the spot.
The other party in the accident does not report the damage on time. What should I do?
Regardless of how the responsible party acts, you are entitled to compensation for your damage. This means that the opposing party's insurance company must pay the corresponding costs - even if the other party pulls out, lets deadlines pass or does not get back to you.
If you have the licence plate number at hand, faire-Regulierung can determine the responsible insurance company for you.
If you caused the accident yourself, you must report the damage to the police if the injured party cannot be identified - for example, if you hit the car when parking. If you fail to do so, this can be interpreted as a hit-and-run offence according to §142 StGB. In any case, wait for some time at the scene of the incident and try to locate the injured party and leave your name and contact details if they do not turn up.
Reporting the damage to the insurance company as an accident victim?
Incidentally, it is worth playing it safe and reporting the damage to your own insurance company, even if you are the victim of an accident. After all, it could turn out in the course of the investigation that you are partially at fault. If this is not reported in good time, you may be denied insurance cover depending on the contractual provisions.
In this case, your insurance company will pay the other party the proportion of the damage for which you are responsible. However, it will claim the corresponding amount from you later. To avoid any unnecessary uncertainty here, we advise you to contact an independent settlement service provider such as faire-Regulierung directly. This means that you have a much better chance of getting out of the accident without having to make these additional payments
Accident opponent does not report - rules for Austria
If the person responsible for the accident does not report the damage in Austria, it is much more difficult to enforce claims as the injured party. According to the ÖAMTC (Austrian Automobile, Motorbike and Touring Club), the following applies here: Without a damage report from the responsible party, the opposing insurance company will not pay anything in the first instance. However, the opposing party's liability insurance company can request the policyholder to report the claim after a corresponding notice. If this does not happen even after three attempts, the insurance company usually pays anyway.
The situation is different if the opposing party expressly prohibits its insurance company from paying out. In this case, however, there is a risk of litigation which, depending on the clarity of the question of fault, has little chance of success for the party at fault.
Incidentally, accident victims who pay for repair work in advance in such cases do not lose any claims. However, make sure that the other party's insurance company inspects the damage in advance - they usually do this even if the policyholder has not reported the damage.
Step by step to fair claims settlement
Whether self-inflicted, partially at fault or caused by a third party - every claim deserves a fair settlement. Failure to report the claim to the insurance company properly will lead to problems. So don't leave anything to chance. faire-Regulierung guides you through the process in four simple steps:
- Report your claim to us via our Online-Plattform or by telephone on 0800 30 111 60.
- Our network of specialists will carefully analyse your case and provide you with all the important information on how to proceed.
- A member of staff will get back to you within 60 minutes (weekdays from 08:00 - 20:00) with a detailed step-by-step procedure.
All necessary settlement steps are coordinated for you If necessary, a tow truck, expert and hire car will come to your home or the scene of the accident. All settlement steps are coordinated for you and the settlement with the liable insurer is professionally ensured
