If you have been injured in a road traffic accident through no fault of your own, you are entitled not only to the well-known compensation for pain and suffering but also to reimbursement of your medical treatment costs. These form part of the damages to which the injured party is entitled following a road traffic accident.
If, as the injured party, you require medical treatment as a result of the accident, the person responsible for the accident must cover the resulting costs. We explain here what else you need to know about this.
Who pays for the treatment costs following an accident?
Many standard medical services are initially covered by statutory or private health insurance. However, this does not automatically mean that all accident-related costs are thereby covered.
Straight Co-payments, personal contributions, travel costs, privately prescribed services, medical aids or therapies not fully covered may still be relevant to the injured party. If these costs were caused by the accident and are medically necessary, they may, in principle, form part of the claim for damages against the person responsible for the accident or their liability insurance.
It is therefore important to keep a safe record of invoices, prescriptions, receipts, medical reports and treatment plans. The better the costs and their link to the accident are documented, the easier it will be to claim what you are entitled to later on.
Requirements for your reimbursement of medical treatment costs
If you are an accident victim and require medical care after an accident, the resulting costs are called medical treatment costs. The prerequisite for any reimbursement of medical treatment costs is that the accident has demonstrably led to bodily injury.
Not sure whether you meet the criteria for reimbursement of medical treatment costs? No problem! We’re here to help.
Once you have submitted your accident for assessment via the portal in just a few simple steps, the certified traffic law experts at fairforce.one will take on your case and assess your specific claims for compensation arising from your accident. The experts will then ensure that the other party’s insurance company reimburses you for your justified costs relating to medical treatment and increased needs. This means you won’t be left with unpaid bills.
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Physiotherapy and other services - what you are entitled to
- Travel costs to doctor’s appointments, physiotherapy or hospital
- Co-payments and personal contributions
- medically necessary aids, e.g. bandages, orthoses, walking aids
- Rehabilitation measures, in so far as they are accident-related and necessary
- home care or support, where medically necessary
Firstly, you can claim reimbursement of the costs of the medical examination that established that you suffered an injury as a result of the accident.
Attention:
If the examination reveals that no injury was sustained as a result of the accident, the cost of the examination itself is not recoverable. (see Federal Court of Justice (BGH) judgment of 17 September 2013 – VI ZR 95/13).
Reimbursable medical treatment costs also include the assumption of costs for physiotherapy that has become necessary, for the provision of walking aids or for medication. Outpatient and inpatient hospitalisation are also included.
Important for you:
However, the costs of the treatments must be well documented in order to be taken into account in claims for compensation. They are not the same as compensation for pain and suffering.
Important: Do not delay treatment unnecessarily
Claims made retrospectively for necessary treatment that was not carried out in good time are not admissible. In principle, only the costs of necessary medical treatment are to be reimbursed. The necessity of medical measures, such as outpatient and inpatient care, the choice of medication, medical aids and costs incurred by alternative practitioners, must be assessed on the basis of objective criteria guided by medical necessity (see Higher Regional Court of Frankfurt am Main VersR 2001, 595).
Generally valid and recognised medical findings are decisive, not the subjective view of the patient or personal opinions of the treating physician.
In addition to medical treatment costs: increased needs following the accident
In addition to the actual costs of medical treatment, further accident-related costs may also arise following an accident. In legal terms, this is referred to as „increased needs“.
This refers to additional expenses incurred as a result of the injury. These may include, for example, special aids, home help, care services, disability-friendly adaptations to the home or modifications to a vehicle.
Particularly in the case of more serious injuries, such consequential costs should not be overlooked too hastily. They can account for a significant proportion of the actual loss and should therefore be documented at an early stage and assessed by experts.
Accident victims like you get the best support from fairforce.one.
Have your accident reported now free of charge and without obligation by our regulation specialists.
How do you actually assert your claims?
Based on our experience of handling thousands of fairly settled accident claims, we can offer you the following clear recommendation:
Report your accident with just a few clicks online or by telephone via the toll-free number 0800 30 111 60!
Within a few minutes, you’ll be speaking to a qualified traffic law expert from fairforce.one. The initial assessment is always free of charge and without obligation.
The right specialist from the network will then be on hand to process your claim quickly and professionally on your behalf. And as a special service from fairforce.one, you’ll receive all key updates and relevant documents directly on your smartphone, in a simple and data-protection-compliant manner. This means you’re always fully informed and in control of your day.
Frequently asked questions about medical treatment costs following an accident
Who pays for medical treatment following an accident that was not your fault?
In principle, the person responsible for the accident – or their liability insurer – must reimburse the costs of necessary medical treatment resulting from the accident. Costs already covered by the health insurance fund may be recovered internally through recourse; however, injured parties should have any outstanding co-payments and additional costs assessed separately.
Are travel expenses for physiotherapy eligible for reimbursement?
Yes, if the journey was made as a result of an accident and was necessary for treatment, travel costs may, in principle, form part of the recoverable costs.
What is the difference between medical expenses and compensation for pain and suffering?
Medical treatment costs cover specific medical expenses. Compensation for pain and suffering compensates for non-material harm such as pain, impairment and a reduced quality of life.
Do I have to keep every invoice?
Yes. Invoices, prescriptions, medical reports, travel expense receipts and proof of co-payments are important so that claims can be substantiated in a transparent manner.
