What to do in the event of an accident as an injured person? Your rights and obligations explained

• Step by step: First, you should secure the scene of the accident, call the police and collect evidence.
• Car appraiser: In the event of damage above the small claims limit (over 750 euros), an expert should be commissioned to document everything in detail.
• Communication with insurance: The insurance company should be contacted as soon as possible so as not to cause delays in claims management.
• Claims settlement: You are entitled to reimbursement of the costs of repairs, appraisers, rental cars, etc.

First steps after an accident: What to do?

A car accident is a big shock if you are involved as a victim. In such moments, it is important to keep calm and to correctly assess the situation. It is essential to proceed step by step in order to be certain and to avoid misunderstandings later on when settling claims. Information and tips on what to do as an injured party can be found in the following article. In the event of an accident, follow the checklist below:

Safeguard the accident site

When traffic accidents occur, it is the most important thing that everyone is brought to safety. The victim should therefore urgently wear a high-visibility vest, secure the scene of the accident and bring himself and others to safety. Exactly how to proceed and what needs to be considered is discussed in the next section of the article.

Call the police

In case of personal injury or unexplained fault questions, the police should definitely be informed. They then take over the accident recording. They can answer questions and legally document everything and record it in an accident report. If the damage is minor, you can do without the police if you wish, but it is usually better to call them in. Even in the event of a hit-and-run, the police should be informed immediately.

Preserving evidence

Even if the police are on site, you should document everything yourself as well as possible. The damaged vehicle, the location of the accident and possible skid marks on the road or similar should be captured using photos. Information from all parties involved in the accident and potential witnesses should also be included. As an injured party, you can do this to avoid problems with settling claims later on.

How do I properly secure the accident site?

Securing the scene of an accident is a very important part of the procedure following a car accident. In this way, you can avoid further accidents and protect both yourself and other road users. In order to act correctly in a stressful situation, such as after an accident, you should remember the following steps.

Securing the accident site

If possible, park the accident vehicle in a safe location so that you are as far out of the danger zone as possible. Turn on the hazard lights to alert other drivers so that they carefully and slowly avoid the scene of the accident. This protects you as a person involved in an accident and also the rest of the road traffic.

A warning triangle should now be set up at a distance of at least 100 meters. Make sure you wear a safety vest! This is very important for your personal safety.

Secure everyone involved in an accident

This point is particularly important on busy roads or motorways. Everyone involved in an accident should wait in a safe location, for example on the side of the road.

Make an emergency call in case of personal injury

If there are injuries as a result of the accident, you must fulfill your duties and make an emergency call. Every driver is required to do so by law.

It is important to act quickly so that the injured person can be treated as quickly as possible.

Correct documentation of the accident site

The correct documentation of the accident is very important for further action. In this way, misunderstandings and ambiguities that arise later can be clarified and understood better. When doing so, you should consider the following points.

Take pictures

Take lots of pictures from different angles of: your vehicle, the other party's vehicle, the entire location of the accident scene, how the vehicles are facing each other, and also of tracks on the road. These pictures help to assess the damage in detail and to understand the course of the accident. The car expert will also try to understand the accident on the basis of these photos.

An accident sketch, which shows who is standing where and what happened, often helps to understand the accident damage.

Interrogate witnesses

If there are witnesses who have observed the traffic accident, their contact details should be included. The testimonies of the witnesses can provide important information to elucidate the course of the accident.

accident report

It is best to fill out an accident report on site. Insurance templates are often available for an accident report. The process and all relevant information about the damage and data of those involved in the accident should be recorded here. Please submit this report to your insurance company

Car appraiser: Why, when and how?

A car appraiser will examine your vehicle for damage after the traffic accident. He prepares a report on the overall condition of the vehicle after the accident and on the course of the accident.

What is an appraiser good for?

The expert prepares the report, which forms the basis for settling claims. Based on this, the insurance company makes decisions about compensation or further action. In which Claims report Is important information recorded, including the amount of damage, type of damage, repair costs, the course of the accident, replacement value and, in the case of a total loss, the residual value.
With the help of this, you can enforce your claims with the other person involved in the accident so that you are not stuck with the costs of the repair.

In which case do I need a damage report?

A motor vehicle appraiser should be commissioned if it concerns more than minor damage. The small claims limit is 750 euros, which means if damage is higher than 750 euros, an expert should be commissioned.
In such a case, the insurance company requires an expert, which is the only way to reimburse the repair costs from the workshop.

How does the report work?

It is important to know that you have the right to choose your own motor vehicle expert. The other party's motor liability insurance will offer to provide an appraiser, but it is better to search for an independent expert yourself so that there are no conflicts of interest.

When an expert has been contacted, an appointment is made to assess the accident damage.

The expert then prepares the detailed report with all accidental damage, costs and further information. This report is sent to the insurance company and all other important parties so that the claims settlement can continue.

Assumption of costs

The costs of the report can range between 300 — 1000 euros and depend on the type and amount of damage and the complexity. For example, the more complicated the course of the accident is, the more complex the analysis is for the motor vehicle expert and, as a result, the costs of the car's appraisal also increase.

If you are not responsible for the car accident, then the insurance of the other party involved will cover the costs. An accident as a victim therefore costs you nothing.

If you have caused the accident yourself, comprehensive insurance may cover the costs, provided that you have taken out one. However, the contract terms can be adjusted very individually, which is why no general statement can be made about the assumption of costs.

In the case of partial debt, the costs of the report are apportioned, depending on the degree of participation. They almost have to assume their share of the debt even when it comes to the report.

So if you have a partial debt of 20% then you have to cover 20% of the costs yourself, the remaining 80% is covered by the liability insurance of the other party involved.

Claims settlement: insurance process

In order to make claims settlement as pleasant as possible, attention should be paid to the following points.

Claims as an injured party

As an injured party, you are entitled to reimbursement of many costs, provided that you are not the person responsible for the accident. On the basis of the accident report and the expert opinion, the question of guilt is determined.

The claims include reimbursement by the appraiser, which must be covered by insurance. The insurance also covers the repair costs calculated as a result of motor vehicle damage. Costs such as renting a car while your car is in the workshop are also covered.

contacting

Quick contact with the insurance company is very important. To ensure that compensation claims can be enforced as quickly as possible, the insurance company should be contacted immediately after the accident. Both your own insurance and the liability insurance of the person responsible for the accident.

Please provide the insurance company with all important information, documents and evidence. The insurance company then starts the claims settlement process.

What if the other party involved in the accident does not have insurance?

In Germany, everyone who drives a car must take out liability insurance, so you don't have to worry about that.

Communication with the other party involved in the accident

The issue of guilt is often a sensitive issue that can quickly lead to misunderstandings and disputes. To avoid this, you should remain as calm as possible.

Local communication

Even if the situation is tense and stressed after an accident, you should remain as calm as possible. It is best to avoid recriminations on site and try to behave objectively during the conversation. To avoid misunderstandings, it is best to call the police immediately and answer any questions they may have.

exchange of information

For claims settlement, it is important to exchange contact details and insurance information. These are essential to identify the person responsible for the accident and the damage.

conclusion

As an injured party, an accident is a stressful and complicated matter. However, with the right approach and following all important steps, such as securing the scene of the accident, securing evidence and hiring an independent vehicle expert, subsequent problems in settling claims can be avoided. It is important to be aware of your rights and to assert them with the insurance company of the other party involved in the accident.

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