After a road accident, it is important that all parties involved exchange their details and report the damage to the insurance company. But what happens if the other party suddenly doesn't get in touch or doesn't report the damage to their insurance company at all? The good news is that your claims remain valid even in this case. It is crucial that you record important information - especially the licence plate number.
In this article, you will learn how you should proceed if the other party involved in the accident cannot be contacted, how you can still claim compensation and what role insurance companies and authorities play 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. We have summarised everything you need to know immediately after an accident here summarised for you.
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 to hand, fairforce.one can easily identify 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.
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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 fairforce.one directly. This way, the conflict will be resolved in your favour and unjustified claims will be averted.
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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.
The right steps for fair claims settlement
Have you been involved in an accident through no fault of your own? Then play it safe and contact us directly:
- Our competent team of experts will discuss the right next steps with you.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert opinion
- Your full claims are calculated by specialised teams of lawyers using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You will be kept up to date on all regulatory progress via our innovative HIS (customer information system).
We can't undo your accident. But we will make the best of it for you, we promise!
Frequently asked questions on the subject of the accident opponent does not respond
What can I do if the other party does not contact me after the accident?
If the other party in the accident cannot be contacted or does not report the damage, you can still claim compensation. It is crucial that you have the licence plate number of the vehicle and, if possible, other data (name, witnesses, photos). This can be used to identify the other party's insurance company, e.g. through independent settlement service providers such as fairforce.one
Does the insurance company of the person responsible for the accident pay even if he or she has not reported the damage?
Yes, the liability insurance of the person responsible for the accident is generally obliged to settle the claim - even if the policyholder does not report the damage themselves or does not report back.
Should I also report the damage to my own insurance company?
Yes, this is advisable. If it later transpires that you are partially at fault, your insurance company can settle the claim. If the accident is not reported, the insurance cover may be restricted under certain circumstances.
What should I make a note of immediately after the accident?
Make a note of the registration number, vehicle type, colour of the car, date, time and accident location. Take photos and record the contact details of any witnesses. This information is important later on in order to make a correct claim.
Do I have to call the police if the other party is uncooperative?
Yes, especially if the other party in the accident does not want to give out their details or is behaving conspicuously. The police can record the accident and establish the personal details - this makes it much easier to settle the claim later.
