Anyone who gets into an accident through no fault of their own usually wonders what to do now and what claims they have against the person who caused the accident. In this guide, we therefore provide you with an overview of all relevant claims following a no-fault accident. You can find out more about each claim by clicking on the links.
- If an accident is not your fault, you have a claim against the person who caused it.
- The aim is for the compensation to put you in the same position as you were in a second before the accident.
- The 16 individual claims are briefly explained for you in this article.
Accident through no fault of my own - What am I entitled to?
According to § 249 of the German Civil Code (BGB), you are entitled to reimbursement of all costs incurred in connection with the repair of the damage. In detail, this basic claim is divided into 16 types of claim. In addition, you are also entitled not to have to pay the lawyer's fees yourself. Why? Principle of equal opportunities. As the injured party, you do not have the same expertise as your opponent - the insurance company. You should still have the chance of a fair settlement. So your lawyer's bill is part of your claim for compensation.
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All 16 claims following a no-fault accident briefly explained
Very few people involved in accidents are familiar with all 16 types of claim. We want to change that here so that you really do get all costs reimbursed after an accident that was not your fault.
Housekeeping help
You have a Entitlement to household helpif you are physically impaired following a road traffic accident that was not your fault and are therefore dependent on the help of third parties in the household. The costs for this must be borne by the opposing insurance company. For this purpose, the size of the household and the corresponding activities affected must be listed and the amount of the damage to the household must be determined. However, you are not obliged to hire a professional caregiver if you are physically restricted after a road traffic accident through no fault of your own and are therefore dependent on the help of a third party in the household. The costs for this must be borne by the other party's insurance company. For this purpose, the size of the household and the corresponding activities affected must be listed and the amount of the damage to the household must be determined. However, you are not obliged to hire professional domestic help - the costs of help from family members are also eligible for reimbursement.
Medical treatment costs
Unfortunately, accidents that are not your fault sometimes result in personal injury. If you have been injured, you are usually entitled to Medical treatment costs if these are a direct consequence of the accident. If you as an accident victim are dependent on medical care after an accident, the resulting costs are called medical treatment costs. Medical treatment costs include, for example, examinations to determine the injury, physiotherapy, the provision of walking aids, medication and hospitalisation.
Compensation for pain and suffering
If you have been injured in an accident that was not your fault, you are usually entitled to Compensation for pain and suffering to. The amount is calculated based on the injuries sustained, the question of fault and many other criteria. There are so-called pain and suffering compensation tables for orientation. With their help, you can roughly estimate how high your claim may be. However, you must be able to prove that your pain is the result of the accident. A visit to the doctor is therefore necessary.
Reimbursement of travelling expenses
The travelling costs that may be incurred after an accident can also be reimbursed. There is a kilometre allowance for this. The provisions on the compensation of witnesses and experts must be applied.
Loss of use
If you are unable to use your car for a certain period of time after an accident, for example because it has been badly damaged, you can Claiming loss of use. As a rule, you then have the choice of claiming so-called loss of use or a hire car. Loss of use is particularly attractive if the question of fault has not yet been fully clarified: if you have a hire car after the accident and it turns out that you are partially at fault, you would subsequently have to pay part of the hire car costs incurred. In the worst-case scenario, the compensation for loss of use may be lower than expected - but you won't pay for it.
Adequate hire car
Injured parties may have a Entitlement to a hire carif you are dependent on your vehicle and drive at least 20 kilometres a day. If you have a claim, you are entitled to the hire car not only for the duration of the repair of your damaged vehicle, but also for the time with the expert and also until you are able to obtain a new vehicle. The costs of the hire car will be borne by the insurance company of the party responsible for the accident.
The traffic law experts at fairforce.one will be happy to give you a free initial assessment of whether you are entitled to your dream hire car.
Towing costs
The Towing costs are usually covered by the liability insurance of the person responsible for the accident. As you are obliged to minimise the damage, you should have your car towed to the nearest (!) garage. This has now been confirmed several times by court judgements: You do not have to compare prices of towing services.
Personal damage to property
Accidents can result not only in damage to the car itself, but also to personal items such as glasses or smartphones. In the event of a traffic accident through no fault of your own, all Items Part of the compensationthat the passenger is carrying or carrying with them. However, the prerequisite for a claim for compensation is that the items in the car were well secured - you must be able to prove this.
Stand fees
If an accident vehicle is parked on a workshop site, the workshop may use appropriate Stand fees charged make. These costs are borne by the insurance company of the person responsible for the accident. But beware: Here too, you have a duty to minimise the damage and must not use the garage as a car park for an unnecessarily long time.
Loss of earnings
The Loss of earnings is deemed to be non-material damage as a result of an accident that was not your fault. In the case of salaried employees, the employer pays the salary for the first 6 weeks. After that, the liability insurance of the person responsible for the accident will step in. The amount of loss of earnings is calculated differently for salaried employees and self-employed persons. Just ask us!
Manufacturer-compliant repair
The question of guilt determines who Bear repair costs after an accident must. If you are not at fault for the accident, the other party's liability insurance will pay. You can then still choose the garage where the accident damage is to be repaired. But what do you do in the event of a total economic loss after an accident? If you decide against a repair, you are still entitled to compensation for the repair costs. This is referred to as a "fictitious settlement".
Independent expert
As the injured party, you are entitled to your own, independent expert. You should not accept an expert sent by the other party's insurance company. In contrast to a cost estimate from the garage, an expert opinion also lists damage items such as depreciation. In the event of a no-fault accident, the insurance company liable to pay the costs of the expert opinion.
Accident victims in your situation simply get the best support from fairforce.one.
Impairment
An accident - whether just a small scratch or major damage - leads to the Depreciation of your vehicle. Even if your accident-damaged vehicle has been completely repaired to a first-class standard, it still loses value. This is because your car is now an "accident car" and will be worth less at the time of sale. To compensate for this reduction in value, there is a claim for compensation based on the loss in value incurred. However, this claim is excluded if the damage is minor, your car is more than 5 years old or has a mileage of more than 100,000 kilometres. In the case of classic cars and collector's cars, a case-by-case assessment is required.
Vehicle registration and deregistration
For the Registering and deregistering vehicles after an accident you must pay a fee. You can claim these costs as part of compensation for damages following a road accident. Keep both the invoice for the registration office and the receipts for the vehicle licence plates. These must be submitted to the other party's insurance company. You also have the right to have the change of registration handled by a registration service. These costs must also be paid by the other party's insurance company.
Organisation fee
Injured parties are entitled to compensation for their time and costs following a road accident. Flat-rate costs because without the accident you would not have had some phone calls and conversations. This usually amounts to 20 to 30 euros and is paid by the opposing party's liability insurance.
Lost holiday
After an accident through no fault of your own, it is particularly annoying if your valuable holiday does not go as planned. The non-material damage of a lost holiday can also be compensated or taken into account when calculating compensation for pain and suffering.
Will the accident settlement cost me anything if I am not at fault for the accident?
If you instruct us to settle a no-fault accident, we will receive a fee directly from the opposing insurance company thanks to our authorisation as a legal service provider. This is exactly the same as you would expect from a lawyer. The legal fees are also paid by the opposing insurance company. For you, this means first-class support and state-of-the-art technology without reaching into your own wallet.
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 with you the best way to proceed.
- If necessary, we can help you find the right doctor.
- Your complete claims are processed by specialised 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 are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.
We cannot undo your road accident. But we will make the best of it for you, we promise!
FAQ on accidents through no fault of your own and parking damage
Accident through no fault of your own - What to do as the injured party?
If you have been involved in an accident through no fault of your own or have been the victim of parking damage, keep calm and document exactly what happened. It is also best to take photos and exchange important information such as name, insurance number etc. with the person who caused the accident. It is then best to report the incident to the insurance company of the person responsible for the accident or use our service to assert your claims.
After a rear-end collision - What should the injured party do?
Here, too, the first thing to do is to keep calm. If no one has been injured, the question of fault is clear and the damage is not too extensive, the police do not necessarily have to be called. In the event of major damage, unroadworthy vehicles or injuries, you should call in the officers. In any case, document the course of the accident, take photos and exchange insurance details and similar information with the other party. Then get in touch with us so that we can take over the settlement with the other party's insurance company for you.
I am not to blame for the accident, what can I do?
Even if you are not at fault, you should make sure you have comprehensive documentation of the course of the accident, the damage to your car and any other damage. It is best to take photos and document how the accident occurred. If you are not at fault, the other party's insurance company is responsible for settling the claim. We will be happy to support you with the settlement and help you communicate with the insurance company so that you don't have any more stress and effort after the accident.
Do I have to report an accident to my insurance company if I am not at fault?
If you are not at fault for the accident, the other party's insurance company is obliged to settle the claims. Nevertheless, it can be helpful to report the accident to your own insurance company. For example, if it later turns out that you were partially at fault. We support you in this, advise you and are happy to take over the settlement with the insurance company. Just get in touch with us.
As the injured party, why do I have to report the accident to my insurance company?
Notifying your own insurance company secures your claims and helps you if you are subsequently found to be partially at fault. In addition, depending on the insurance company, you may be entitled to insurance benefits from your insurer despite being innocent of the accident.
When is an accident not the fault of the driver?
An accident is always not your fault if you are not responsible for what happened. In other words, you did not make a mistake, but were involved in the accident through no fault of your own. For example, if the person behind you rear-ends you at a red light or another car hits your parked car in the car park.
