If your vehicle after a traffic accident isn’t roadworthy and if it has to get off the place of accident the other party has to pay respectively their insurance.

Admittedly you only get the costs for the carriage of your vehicle till the next garage. Still higher towing costs to a farther garage or to your home only are refundable, if the there the repairing costs are lower.

Costs for the lost of profit or for the loss of an employee are refundable, but they have to prove.
The lost of time or of holidays aren’t refundable as a rule.

During third party liability claims, if the own vehicle is used, but isn’t yet serviceable, can be claimed a replacement vehicle or a compensation for loss of use.

The off time begins for serviceable and roadworthy vehicles with the beginning of repair and finishes with the day when it is picked up out of the garage. For not serviceable and not roadworthy vehicles this off time begins with the day of the accident.

During total loss you get a time for replacement at maximum 14 days. A longer off time requires a cogent statement.

As a minor loss is described a loss with repairing costs lower than 700.00 € (BGH AZ: VI ZR 365/03). In that case the insurance of the other party can disclaim the refund of the costs for the certificate. During minor loss conforms to calculation of a garage, although a short certificate of an assessor would be better. Please address me in such cases to as your assessor of your confidence.

Accordant § 7 RTA (road traffic act [Germany]) driver and owner of a vehicle are liable for dangers resulting out of the operation, also without her own blame. It is based that a vehicle is a dangerous object, which is placed into circulation and also without drivers blame to make for losses.

The outcome of this is, that axiomatic every owner of a vehicle has to liable for losses caused in operation. That liability caused in a so-called “operational risk” only then takes a back seat, when the blame of another party of accident is outbalanced or the accident wasn’t preventable as well in highest care. (inevitable event)

The operational risk may lead to a joint liability, if it isn’t possible to provide evidence about inevitableness, it means, if it isn’t to prove, that a perfect driver with biggest care couldn’t beware the accident.

With the motor own damage insurance isn’t to cover a loss, that evolve from a normal operation. That means, that the motor own damage insurance don’t pay for losses without external hazard on the journey or while the normal use of car, For instance motor losses.

The claimant can demand the amount that had to be paid for repairing to move the car in the original state or for the replacement of an equal vehicle. Although it is irrelevant, if it’s repaired or replaced.

Who don’t repairs his car and who don’t carry out a liable to tax on sales replacement purchase, don’t may assert the value added tax within the amount of damage. In the same way positions of loss like transfer of the car (Movement to the, p. E. paint – shop) or cleaning the car before painting will be paid after repairing.

During total loss the costs for “input/output” of a sound stereo and costs for announcement/suspension just will be paid, if really another car would be purchased.

The concept “cross carelessness” is in the conditions of insurance (AKB) by the most insurances as a reason for exclusion denoted. The insurance provider can particular at a cross breach of the necessary car in the road traffic refuse his benefits in the motor own damage insurance.

Advise: Some insurance providers pass in its AKB’s on the so called “Objection of the cross carelessness”. Here it is profitable to make a comparison.

Wasn’t an accident caused by only one person, so will be made an dispartment.

A liability limit of 25% for the accident party A means that the accident party B has to adjust 75% of the loss of party A. In contrast, party B gets 25% of his loss by party A.

If it amounts to an accident on a travel so can emerge additional costs for accommodation. These are to substitute by the originator.

Obligation to account
The claimant has to account for the loss adverse the other party/the insurance (expertise).

Duty to avert, minimise loss
The claimant particularly has to observe the duty to avert, minimise loss (§254 BGB).

Time limit for advisement
To come to a decision about further use/repairing/selling of the vehicle has to be in an adequate time by the claimant.

Roadworthy vehicle
If the vehicle of the claimant after the accident is roadworthy, don’t may asserted towing costs, rented car or loss of use till the begin of the repair or purchasing of a replacement vehicle.

Overloaded Garage
If the garage because of overload belated can begin with repairing, the claimant has to order another Garage

Temporary repair
If a vehicle may be temporary repaired with low costs than once has to go this way to beware higher costs.

Free choice of the motor vehicle assessor
The claimant is the boss. He can assign an assessor of his assurance to inspect his car and to calculate the loss. If the insurance assigned the own assessor, so he is to allow the inspection. That does not modify the rights, named above.

Free choice of the jurist
The nomination of a jurist is solely the decision of the claimant. To achieve equality before the law, is to commend the inclusion of a jurist, in either case with injures.

Free choice of garage
The claimant has the right of a free choice of the garage. Admittedly, towing costs will replaced only until the next garage away from the place of accident.

Further use (unrepaired)
The claimer can determine, if he further will drive his car unrepaired, assumed the vehicle is roadworthy.

To sale the vehicle after an accident
The claimant may to sale the car unrepaired after an accident.

Injuring party or his liability insurance have to pay the costs for a neutrally certificate of a freelance assessor adduced by the claimant. Exception: Minor losses with repair costs under 700.00 € That allies too if the insurance itself has assigned as assessor. A contravention against the so-called loss-minimisations liability cannot accused to the claimant, when he for all the abdication of the insurance engaged a freelance assessor.

Lump sum of costs
For costs of the loss like telephone call, movements, correspondence, and others will allowed regular by the adjudication an amount of lump sum 15.00 € until 25.00 € per loss. If there are higher costs, so they have to account for individual case.

Announcement of a vehicle During total loss are refunded costs for decommissioning of a vehicle after an accident, announcement of a replacement vehicle and costs for the necessary of a licence plate number.

Costs for reconstruction As well as economical reasonable, will paid during a total loss costs for demounting of a HIFI – system, a hands free set, or a radio installation and fitting in a replacement vehicle if there isn’t one of them in it. The same considers for other internals, p. e. handicapped accessible armatures. These are demonstrated by calculations or accounts.

Towing costs The costs for the salvage of the accident vehicle and the towing in a garage in the neighbourhood are refunded. Not refunded are costs for towing about greater distances. Often they are paid by insurances with cover note. (p e. foreign country recall)

Hotel costs An accident happened on a travel, so hotels costs will generated, witch are paid by the injuring party.

Break down costs Costs for escaped profit or off time of an employee have to be refunded, but they are to demonstrate. A refund for escaped holydays or each other loss on time in the rule hasn’t to refund.

Any other costs caused by an accident Further to refund are damages accident caused, for instance, clothes, hardhat of a cycle rider, or damages on a bike, carried objects. The value of damages has to demonstrate by quittances or calculations.

The above listing can add by further loss expenses. Costs for all damages, caused in an accident axiomatic are to refund.

In a fictitious account (account based in a certificate) the value added tax don’t will refunded also for private cars by prevailing case law.

Is the vehicle included in the working capital, so the value added tax don’t will be refunded, because it can enforced in the filing of the VAT return

A vehicle that has had an accident after a repair in a rule doesn’t will reach in a sale the same market value as a comparable one without a previous damage.

For this (mercantile) reduced value the adjudication accords the claimant compensation compared to the insurance, unless the vehicle isn’t older than 60 months and has a driving performance less than 100,000 km.

In especially individual cases a compensation in a reduced value consists also than, if the above limit of 60 month is minor exceeded.

During a repair or during a replacement you have a claim in a rented car. But it mustn’t be a higher type than your car met with an accident.

Frankfurt/Main (dpa) – A car hire firm has always to advise its customers in the most convenient rate for a replacement vehicle after an accident. This arises from a adjudgement at the local court in Frankfurt.

With this judges declined an action for payment of a car hire firm against a customer. The firm took action in payment of the pricy rate. (Az.: 30 C 2440/04-25). After the accident the customer has rent a replacement vehicle to the so called accident replace rate from 1,300.00 € while repairing his own vehicle. The “normal rate” for renting has had at the same time a price of 980.00 €. But the firm didn’t advise the customer in this deviation. Not till than the insurance did refuse to pay the compete amount, the customer advertent in the different and also refused to pay.

According to the adjudgement the car hire firm has injured his duty of care, while he didn’t inform his customer at the reduced rate. Beyond it < > is called in the adjudgement.

Is the course of the accident respecting the question of quilt not clearly, so is there a joint liability of both causer of the accident. In this cause the compensation will be separated according the liability limit.

If after an accident a vehicle is so cross damaged, that it isn’t used for a certain time, as well as the claimant would and could it use, so he has a claim in a compensation for loss of use according § 249 Germaine Civil Code. Instead of the costs of a rental car, the claimant can assert the amounts for the escaped use of its private vehicle below. Digest out of the listing for loss of use.

Groupe	Product and Type (Examples)	€/Day
A	Citroen Saxo 1.0 X, Fiat Cinquecento, Ford Ka (37 kW), Hyundai Atos GL, Renault Twingo, Smart & Pulse	27
B	Ford Fiesta, t, Mutsubishi Colt 1.3, Opel Corsa, Renault Clio, Seat Ibiza 1.4 MPI GLX,Toyota Yaris, VW Polo,VW Lupo	29
C	Ford Focus Ambiente, Opel Astra, Mégane 1.6 RN,  Seat Toledo 1.6, Toyota Corolla, VW Golf	35
D	Alfa Romeo 145 ,Nissan Primera 1.6, Peugeot 306 Saint-Tropez, Renault Megane Coupe,  VW Golf Variant	38
E	Audi A3 1.8, BMW 316i, 318i, Ford Mondeo CLX, Galaxy  Nissan Primera, Opel Vectra, Passat Variant	43
F	Alfa GTV 2.0, Audi A4, Z3 Roadster, Mercedes C 180,     Opel Omega	50
G	Alfa 156, Audi A6, BMW 323i, Chrysler Voyager,              Ford Cougar, Volvo 850	59
H	Audi A6 Avant 2.6, BMW 328 CI, 525 tds Touring, Z3 Roadster 2.8	65
J	Audi S6, BMW 540i, Lexus GS 300, Mercedes S 280, Porsche Boxster	79
K	Audi A8, BMW 740i, Jaguar XJR 4.0, Lexus LS 400, Mercedes E 420, S 320, Porsche 911 Carrera	91
L	BMW 750i, 850 CSi, Jaguar XJ12 6.0, XKR Coupe,  Mercedes S 600, SL 600, Porsche 911 Carrera	99

In accidents with an own part of joint liability can reached a raise of the compensation in an individual case, if there is selected a combined account between the own and the other parties comprehensive cover: The so called account according the preferential quota of damages.

Thereby the costs of repair and the replacement value of the own vehicle will full refunded by the own physical damage insurance.

Accessory charges as costs for the assessor, debasement and towing costs are complete to replace by the insurance of the other party, if the global sum doesn’t overrun the amount that has to pay the insurance because of the due of commitment.

Not in the part of preferential quota of damages are included positions as compensation for immaterial damage, cost for a rental car or each other accessory charges, which don’t effect the direct vehicle damage. Because of the judicial difficulty coherences here is recommended consulting by an attorney.

In current legal position exclusive an accredited advocate or counsellor may be active or make assignments by proxy a claimant of an accident.

The handling of damages after an accident by other persons, maybe by a garage or an insurance agent isn’t acceptable in a liability loss.

Many insurances demand a certification of repair before they refund the costs for a rental car or for a compensation for loss of use.

A certification of repair can be an account of the garage. Is the account based on a professional opinion, also the repair can be demonstrated by a certificate of an assessor.

If it was a total loss (costs of repair are until 130% of the current replacement value), the adjudication demands a detailed certification of repair to adjust the total costs.

For this the assessor has to check if the repair was complete and professional. If it isn’t able to demonstrate, so the account regular has to base on a total loss (current replacement value).

The period of repair is in a liability loss to assess and to appoint by a motor vehicle assessor. The period of repair, that is called in a certificate is the base of the period of the rented car by the claimant.

A repair caused exceeding of this appreciated time of non-use can happen in a sudden hesitation by supply difficulties of spare parts or holding time while varnish.

The period of repair is denounced in the certificate in working days, intermediate high days and holydays are added to account for.

In which value they are paid? Axiomatic the insurance has to pay the effective accrued costs of repair. But you also can account notional costs, if you can demonstrate a certificate by a motor vehicle assessor to your insurance.

When are they paid? The insurance has to pay the costs of repair for the damage of the vehicle axiomatic in the effective value or in the value determined in a certificate.

The claimant axiomatic can demand to bring his vehicle in the same status as before the accident.

The insurance hasn’t to pay the repair, if the car has total loss after the accident.

Exception: 130%-rule

Alternative to the assignation in the garage can be signed a so called repair costs transfer declaration, if the costs of repair don’t shell paid directly in the garage when pickup the car.

The garage posts the repair costs transfer declaration at the insurance. The insurance accredited to pay the costs of repair directly to the garage after checking the accountability or the duty of refund in hull loss.

The Federal Curt of Justice has selected and decided the item residual value already on June, the 4th 1993. The claimant can sell his vehicle in exercise his authority of replacement according §249 (2) German Civil Code axiomatic to that price, which has determined a freelance assessor, included by him, on the free market. Meanwhile the adjudication assumes that the qualified assessor with his informations is able to reach the advanced market of especially wholesale buyers with a lowly effort, and so he has to allow for the higher prices of this professional category. The residual value determines a freelance assessor allowing for the concrete damage pattern with help of modern communication medium and the regional market situation.

Direction: If there is a hull loss, you have to contact the insurance before selling the accident car, because they can present you also an offer of a supra regional wholesale buyer (burse of residual value). The account also than can base on this offer, when the vehicle is real sold at a lower price.

Axiomatically you should appraise the damage at your car after an accident by a motor vehicle assessor. The costs for this have to pay the causer of the accident. If he is an accepted assessor you can bank, that the certificate is correct. The costs also are to refund if it additional exposes, that the certificate is wrong, unless you have false informed the assessor and that’s why his certificate is wrong.

Not at minor losses.

If it is foreseeable that there is a minor loss, you don’t have to assign an assessor, because it would be disproportional to create costs for him. In this cause you should present the insurance a calculation of a garage. As a minor loss it is notable until 700.00 €. If you aren’t sure about the value of the damage it is better to bring the broken car to mind to a motor vehicle assessor.

Direction: Often there are some insurances, which affix the limit higher while it isn’t justly. Although it may be, that you can demand the fees of an assessor in damage, lower than 700.00 €. If your car has, for instance, a total loss, a calculation of a garage isn't able to investigate the replacement value or the residual value. In that cause you should to assign an assessor.

In differences (f.i. about the value of the refund) may be to aim for an expert procedure. In this connection is named a third assessor by both parties. If the parties don’t can agree together, the appropriate county court appoints an assessor.

Who has to bear the costs of the Expert procedure depends in the result. Who is injustice has to pay.

If you have caused an accident, or if the question of guilt is contestable, directly inform the insurance. Belated or defaulted Information of an accident can conduct to autonomy of decision.

If there happens a bodily injury the casualty is entitled to a “just compensation in money” (§ 247 German Civil Court). It shell adjust financial the pains and additional wangle satisfaction adverse the causer. So called by the legislator. In fixing the value is to allowed for the claimants consequences of the damage: How long constrict the bodily injury or its consequences the claimant? Which social and mental repercussions have the bodily harm?

Given that an accident with a car is cost – intensive and the driver often doesn’t want to pay the costs for the motor vehicle assessor out of his own pocket, the holder of the car has the alternative to assign the costs.

It must be pointed out, that this assignment basically achieves a cause of security. Certainly every claimant is axiomatic compelled to advocate his pretensions against the insurance.
In the rule the existence of a assignment for security causes, that the insurance of the other party the costs for the motor vehicle assessor pays directly to him.

Direction: In joint liability of the claimant he has to pay a part of the amounts invoiced out of his own pocket.

Indemnifiable also are accident – caused losses at clothes, hardhats or things carried along in the vehicle. The amount of loss is also to demonstrate by documents of purchase.

If the costs of repair exceed the replacement value of the vehicle directly before the accident, so it is an “economic total loss”.

If it is reasonable, in a total loss cost for back fitting are to substitute (car stereo, hands – free kit) if the replacement vehicle don’t includes equipollent internals. The same is it with appointments for handicapped persons, driving school or taxi.

If an insurant files an application in an acquisition of a auto liability insurance and an auto physical damage insurance and the assuror hands out a confirmation of insurance coverage – the so called insurance ID card – so the preliminary coverage also considers for auto physical damage insurance, if the insurance didn’t advise, that the preliminary coverage only considers for the auto liability insurance.

Adjudgement of the Higher Regional Court Köln from the 24th of October2000 9 U 34/00 DAR 2001 274 NversZ 2001,274

After accident damage the claimant can choose the garage. Just in accidents many drivers don’t know their laws. Many liability insurer exploit this ignorance and dry to affect the claimants after an accident as they pilot him or let tow away him to a so called partner garage of the insurance.

Extensive risks

What at first view seams as a customize service of the insurance, often hides extensive risks for the claimant. That’s why for the consumer it is necessary to know his laws. Here you can read a summery of them:

Every car driver has the right to repair his car in agarage, he knows and wants to assign.

Unless there is a minor loss, (value of damage not higher than 700.00 €) the person concerned is free to include an assessor of his choice to the preservation of evidence and to the ascertainment of the value of damage.

To the enforcement of his own pretensions the affected car driver can assign a barrister of his confidence.

The expected durability of replacement of an assimilable replacement vehicle is defined by a motor vehicle assessor while accounting an accident damage based on a total loss.

In the rule is allowed a durability of replacement for 14 running days.

The replacement value is that amount which has to pay the claimant for purchase of an equipollent vehicle with the car before the accident in a reputable garage allowing for all cosmoplastic facts.

Behaviour after the accident

To beware difficulties while adjustment of the damage through the insurance damage caused by game animals directly should be informed at the police or at the leaseholder of hunt. It is very important, that the police or the hunter certificate a so called attestation of damage caused by game animals.

That’s why it is advisable, to work towards, that the police don’t unchecked journalize the accident with game animals, but at the place of accident, in its neighbourhood and at the vehicle has to search for tracks exhaustive. It is particularly than important, when the game animal after the collision only was bruised and could take flight. Located tracks have to ensure with a photo and to demonstrate in the files. The appropriation of bruised game animal achieves the crime elements of poaching, and is allowed only the hunter. Admittedly after a collision badly afflicted game animals may be killed, if the hunter isn’t reach so fast. (To spare needless torments for it)

Refund by comprehensive coverage excluding collision

The own car damage caused by a collision with furred game is by the most automobile liability refunded by the comprehensive coverage excluding collision. In this regard are refunded only vehicle damages, which happened through a collision between a mowing car and the furred game in terms of §2 (1) number 1 German Game Law and §12 (1) number 1 Standard terms and conditions of motor insurances (AKB). To the furred game are included wild pig, deer, hart, fox or hare; accidents with game birds against, aren’t included in all insurances.

Then again some insurance include meantime the damage developed from a marten snap. The game animal mustn’t move: Also if a vehicle drives over an animal lying on the street, that was immediate before knocked over from an other car, the driver has a claim for compensation from his comprehensive coverage excluding collision.(compare Higher Regional Court Nürnberg, DAR 279; HRC München DAR 1986, 293)

Refund of „loss minimisation costs“ in double-lane change manoeuvre

If the lost don’t was caused by the game animals, but is the loss caused by an double-lane change manoeuvre, without touching the game, so the refund is claimed by the comprehensive coverage excluding collision although. The same applies, if there happened a crash with a game animal, but an in that crash caused startle response is the crucial reason of a damage on the vehicle. (Perhaps, to drive in a ditch).

Indeed, the claimant has to demonstrate, that the game has been on the road and that’s why there was a danger of a collision with the vehicle. This postulates that there are witnesses or tracks (in cause of touching with game animals) for the cause of loss, are there only the statements of the insurance holder, most the refunds cannot be achieved. (OLG Düsseldorf, adjudgement of May, the 2nd 2000, file number 4 U99/99 ADAJUR doc. number 45403)

The reason for this is, that the general damage of the vehicle axiomatically isn’t insured in the comprehensive coverage excluding collision – because the manipulation would open the floodgates to everybody. That’s why automatically the claimant often gets in lack of evidence. This underlies the risk of every demander, who cannot achieve acceptance his constituted claim, because the defendant disputes the pleading of the claimant. (with nescience).

Beyond the rescue also had to be impartial reasonable. By smaller animals (like bunny, marten, fox) isn’t, following the predominant case law, a self-endangering avoiding approvable (compare Federal Court of Justice, DAR 1997,158; Higher Regional Court Nürnberg, adjudgement of the February the 27th 1997, file number 8 U 3572/96, ADAJUR doc.-nr. 28045;HRC Karlsruhe , adj. v mart, the 4th 1999, file number12 U 264/98 ADAJUR doc.-nr. 37997) In opinion of justice the insured person misjudges in these cases, that lacks the need of rescue and the with it connected costs. (danger of driving into the oncoming traffic or against a tree on the roadside). In this case doesn’t exit a claim of refund damage at the vehicle.

Against a full brake application of a car driver because of a fox cannot be classified as grossly negligent, given that this behaviour (different to the cause of the self–endangering avoiding) is to asses as a rescue, also than, if the full brake application was miscarried. (RC Nürnberg, DAR 2001, 224)

If a biker in a curve tries to beware the collision with a smaller animal by avoiding or brake application and thereby the bike is damaged without touching wit an animal, so the court cannot reproach him (different to a car driver) default or disproportion.

Because for a bike exists a high danger to slip away instantly in a collision with a small animal while sloping position. (HRC Hamm, DAR 2001, 403) In that cause, the damage, induced through the avoiding or rather braking, doesn’t stands out of all proportion to the damage that could be induced in a collision with a game animal. If a vehicle demonstrable comes into skidding by other causes as by an avoiding (f.i. excessive speed) and thereby clashes a game animal, so the comprehensive coverage excluding collision doesn’t refund the damage. (HRC Nürnberg, adj. of mart, the 13th 1980, file number 8 U 116/79)

There is to keep in mind that in a comprehensive coverage excluding collision is agreed an amount retained between the insurer and the assurer, to hold low the rate. In the comprehensive coverage excluding collision a damage doesn’t have a consequence to the rates, because there don’t exist percent discounts for driving without a damage. A damage caused by game animals should be announced as a damage in the comprehensive coverage excluding collision also in existing of a comprehensive insurance. If the amount retained in the comprehensive insurance is higher as in the comprehensive coverage excluding collision my deducted only the lower amount.

Coverage by Comprehensive Collision Coverage

If a refund of car loss under the aspect of salvage expenses isn’t considered, the situation should arise to adjust it within the comprehensive collision coverage. Moreover that insurance stands for damages caused by other animals like game birds. But it must be pointed out that in availment of the comprehensive collision coverage at once an upgrading of rates happens, and otherwise often is agreed an amount retained. Some assurers meanwhile accept damages impartial of the animal that has caused it.

In a total loss are refunded costs for close – down of the damaged vehicle and approval of the replacement vehicle.

If the costs of repair exceed the replacement value, the vehicle can be repaired anyhow, if the costs accordant a certificate of an assessor don’t exceed the replacement value about 30 % and the vehicle is further used.