The minutes after a road traffic accident often affect how smoothly the later claims process proceeds. Careful documentation and avoiding premature statements can help preserve your rights.
At the scene of the accident
• Secure the scene: Switch on the hazard warning lights, put on a high-visibility vest and secure the scene with the warning triangle. Assist injured persons and call 112 if necessary.
• Do not simply leave: Leaving the scene of an accident without permission can constitute a criminal offence (§ 142 StGB). This also applies to minor property damage, for example when parking.
• Call the police if people are injured, liability is disputed, the other driver appears to be under the influence of alcohol or one of the vehicles is insured abroad.
• Document the accident: Take photographs of the overall situation, vehicle positions, damage and traces. Record registration numbers, names, addresses and the other party's insurer, as well as the names and contact details of witnesses.
• Do not admit liability: Do not sign an admission of fault at the scene. A factual description of what happened is sufficient.
After the accident
• Inform your own insurer: Notify your motor insurer promptly, generally within one week. This also applies if you were not at fault.
• Independent expert: As the injured party, you are generally entitled to instruct an independent expert of your choice. For minor damage, a repair estimate may be sufficient. You do not have to accept the opposing insurer's expert or partner repair shop.
• Know the possible claims: Depending on the case, claims can include repair costs, diminution in value, loss of use or a rental vehicle, towing costs, a general expenses allowance, compensation for pain and suffering and loss of earnings.
• Legal fees: If the other party's liability is clear, their insurer will generally also have to reimburse reasonable legal fees incurred in pursuing the claim.
• Take injuries seriously: Even apparently minor symptoms should be medically examined and documented promptly. This can be important for a later claim for compensation for pain and suffering.
Claims arising from a road traffic accident are generally subject to a three-year limitation period, beginning at the end of the year in which the accident occurred (§§ 195, 199 BGB).
This article provides a general overview and does not replace advice on an individual matter.