Anyone got any tips / knows of any pitfalls following a car accident? Usually when something like this happens to me here I make mistakes that end up costing me money.
I had the pleasure last night of someone trying to a u-turn across 4 lanes of the end of the A66 in Frankfurt. I slammed on the brakes and avoided him. Looked in the rear view mirror to see 2 headlights bearing down on me at an unstoppable speed. Braced myself while trying to accelerate again and then bam!! His car was a mess - the front of his Peugeot estate had gone right under my X5's rear end. All his airbags had gone off but he got out unscathed though. I've got a sore neck ... and no car. It wouldn't start again so was towed back to BMW.
We called the police, had 2 witnesses who confirmed the necessity of my braking. The guy who did the u-turn and tried to drive the wrong way down the motorway had driven off. No chance of getting the number plate. Wanker! He could have killed me. We're both fully insured, so I'm assuming it will be relatively straight forward. Shouldn't cost me a cent as I have zero blame. But if anybody has been through this and it ended up costing them, I'd like to know.
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What to do after a Road Accident
Sorry Luke, no advice to give having never (Touch wood) been in that situation but just wanted to say I'm glad you are OK, There are definitely some nutter drivers out there. It could have been a lot worse. Thank God you had a big car that could handle the impact.
First thing I'd call is call your agent, any agent worth their money will give you advice on how to proceed. No question that if you do something wrong it will come out of your pocket. Rules and regulations are really weird here. The goal of the insurance company is to get out of paying as much as possible. 50% of 3rd party liability claims are turned down.
If you have a sore neck I'd make a trip to the doc, apart from getting it checked
you might also get a few Euros "Schmerzensgelt" I'd also get a lawyer involved
if you have a "Rechschützversicherung"
I don't know how they'll regulate this as the party who actually caused
the accident has gotten away ...may not be so clear-cut after all
you might also get a few Euros "Schmerzensgelt" I'd also get a lawyer involved
if you have a "Rechschützversicherung"
I don't know how they'll regulate this as the party who actually caused
the accident has gotten away ...may not be so clear-cut after all
"Rechtschutz"
But if it was as you say, you won't need it. Usually the one who hits your back is the "guilty" one. You have to keep always a distance which makes you able to brake in time and not hit the one in front of you.
You even got witnesses so you should be ok.
Can your car be repaired again? If you really need one you should get one for free until yours is ok again.
Der Versicherung melden - fertig
But if it was as you say, you won't need it. Usually the one who hits your back is the "guilty" one. You have to keep always a distance which makes you able to brake in time and not hit the one in front of you.
You even got witnesses so you should be ok.
Can your car be repaired again? If you really need one you should get one for free until yours is ok again.
Der Versicherung melden - fertig
Well, I've told the insurance, the police were there, and the car is being looked at by a Gutachter at BMW. I reckon it will be a few weeks before I see her again. I'm getting a car from BMW - although they tried to palm me off with a 3 series saloon which for me, the wife and kids is too small, so they're looking for a 5 series estate for me.
Still trying to get the insurance details from the other guy though. Said he respond to my email. Now his phone is switched off. don't think he's doing it on purpose, but he's beginnning to wind me up.
Not a fan of lawyers and Schmerzensgeld etc. I got a mildy sore neck and I refuse to turn into a hypochondriac to get some cash. We all pay for it in the end via higher premiums anyway.
Still trying to get the insurance details from the other guy though. Said he respond to my email. Now his phone is switched off. don't think he's doing it on purpose, but he's beginnning to wind me up.
Not a fan of lawyers and Schmerzensgeld etc. I got a mildy sore neck and I refuse to turn into a hypochondriac to get some cash. We all pay for it in the end via higher premiums anyway.
did he not give you a card from his insurance?
QUOTE
Not a fan of lawyers and Schmerzensgeld etc. I got a mildy sore neck and I refuse to turn into a hypochondriac to get some cash. We all pay for it in the end via higher premiums anyway.
good attitude by the way
No ... he didn't have one. Although I didn't have one either, so I couldn't complain.
I'd only make a claim a if it the pain gets worse over the weekend or I have to go to a doctor. But I've had worse ... nearly every weekend when I was playing rugby.
I'd only make a claim a if it the pain gets worse over the weekend or I have to go to a doctor. But I've had worse ... nearly every weekend when I was playing rugby.
oh. But usually he has to inform his insurance, not you, and they will contact you I guess
As long as the police were involved and you know his registration the insurance companies will be known as its held against your car registration details. He is unlikely to be uninsured as you get fined immediately if you keep the car and let the insurance lapse or don't take up the insurance when you get the doppelkarte. You will need to make a statement to the insurance. Don't make any spurious claims or it could invalidate your claim. Biggest problem is the car as its now been in an accident and as such selling it will be more difficult. Having been in a big accident that was my fault I think then you just get into the process and the insurance companies get to work.
Not a problem ... it's leased
And we're giving it back in June. The accident was quite handy because we had a few dents in the rear anyway (had a problem with the park distance control!!) and would have had to pay for the repairs ourselves when we return the car.
And we're giving it back in June. The accident was quite handy because we had a few dents in the rear anyway (had a problem with the park distance control!!) and would have had to pay for the repairs ourselves when we return the car.
QUOTE
(had a problem with the park distance control!!)
I know all about that one, you get lazy with parking sensors
Luke,
even if you are not a fan of lawyers (neither am I) think about it. If the accident was the other drivers fault the lawyers bill will be paid in full by their insurer.
For me it was worth it. Even after the Gutachter's report the other party's insurer started trying it on saying that the salvage estimate was wrong and trying to get me to sell my written off car to a garage of their choice. They also questioned my claim for loss of earnings, I was freelancing and claimed for every lesson I cancelled, and the lawyer put them right on that. Also, I claimed for a hire car for the time it took to get a new car and they questioned my mileage on it as I was supposed to be too injured to drive but it was actually done by my husband at the weekend driving me around to look for a new car, as he didn't own a car himself. Honestly, unless you are good with paperwork in German it's worth it.
The lawyer I used was very careful to get an accurate description of the accident for the claim. He took some toy cars out his desk drawer and I drove them around the desk to show him what happened. He did also recommend seeing a doctor but that's your choice, whiplash takes a day or two to kick in sometimes - I hope yours isn't too bad.
As far as I know if someone rams you from behind (which is what happened to me too) it is not your fault at all. Even though the person who caused the accident dissappeared the person who rammed you is responsible for not having adequate stopping distance.
even if you are not a fan of lawyers (neither am I) think about it. If the accident was the other drivers fault the lawyers bill will be paid in full by their insurer.
For me it was worth it. Even after the Gutachter's report the other party's insurer started trying it on saying that the salvage estimate was wrong and trying to get me to sell my written off car to a garage of their choice. They also questioned my claim for loss of earnings, I was freelancing and claimed for every lesson I cancelled, and the lawyer put them right on that. Also, I claimed for a hire car for the time it took to get a new car and they questioned my mileage on it as I was supposed to be too injured to drive but it was actually done by my husband at the weekend driving me around to look for a new car, as he didn't own a car himself. Honestly, unless you are good with paperwork in German it's worth it.
The lawyer I used was very careful to get an accurate description of the accident for the claim. He took some toy cars out his desk drawer and I drove them around the desk to show him what happened. He did also recommend seeing a doctor but that's your choice, whiplash takes a day or two to kick in sometimes - I hope yours isn't too bad.
As far as I know if someone rams you from behind (which is what happened to me too) it is not your fault at all. Even though the person who caused the accident dissappeared the person who rammed you is responsible for not having adequate stopping distance.
QUOTE
"Rechtschutz" wink.gif
Errm, Rechtsschutz actually.
ups shite you're right :$
Here's am example of why I hate lawyers:
I blame the OAP for going to a lawyer just as much as the Finanzamt for being their usual arse-like self.
QUOTE
Auszug aus einer alten "Frontal"-Sendung
Sowas kann nur in Deutschland passieren.
Ein Rentner hat im vergangenen Jahr ordnungsgemäß mit seiner Schreibmaschine seine Steuerklärung gefertigt. In dieser hat er Zinseinkünfte von 11.000 Euro angegeben. Tatsächlich hatte er jedoch 18.000 Euro an Zinseinkünften. Als ihm sein Fehler auffiel, informierte er prompt die Sachbearbeiterin beim Finanzamt.
Im Steuerbescheid traute der Rentner seinen Augen nicht ... die Sachbearbeiterin hatte die Zinseinkünfte hintereinander weg geschrieben und auf 1100018000 EUR (1,1 Mrd. Euro) beziffert. Seine Steuerschuld errechnete das Finanzamt auf mehr als 200 Mio. Euro.
Daraufhin rief der Rentner beim Finanzamt an und wies die
Sachbearbeiterin auf Ihren "Flüchtigkeitsfehler" hin. Umgehende Änderung wurde ihm zugesagt.
Einige Wochen später wurde dem Rentner seine EC-Karte vom
Bankautomaten eingezogen. Seine Bank wies den Rentner darauf hin, dass das Finanzamt eine Steuerrate von 13 Mio. Euro eingezogen habe.
Daraufhin maschierte der Rentner zu seinem Rechtsanwalt. Der
Rechtsanwalt fertigte EIN Schreiben an das Finanzamt an und innerhalb weniger Tage wurde der Beschwerde abgeholfen. Der Rentner bekam natürlich sein Geld vollständig zurück.
Jetzt aber der Hammer:
Der Rechtsantwalt bezifferte gegenüber dem Finanzamt seine Kosten, die er abhängig vom Streitwert errechnete. Der Streitwert (mehr als 200 Mio. Euro) hatte einen Kostenersatz von 2,5 Mio. Euro zur Folge. Das Finanzamt weigerte sich, den Betrag auszuzahlen. Der Rechtsanwalt klagte seinen Anspruch ein und gewann vor Gericht.
Der Rechtsanwalt hat doch wohl mal alles richtig gemacht, Respekt!
Die Kosten für das Verfahren trägt übrigens der Steuerzahler.
Sowas kann nur in Deutschland passieren.
Ein Rentner hat im vergangenen Jahr ordnungsgemäß mit seiner Schreibmaschine seine Steuerklärung gefertigt. In dieser hat er Zinseinkünfte von 11.000 Euro angegeben. Tatsächlich hatte er jedoch 18.000 Euro an Zinseinkünften. Als ihm sein Fehler auffiel, informierte er prompt die Sachbearbeiterin beim Finanzamt.
Im Steuerbescheid traute der Rentner seinen Augen nicht ... die Sachbearbeiterin hatte die Zinseinkünfte hintereinander weg geschrieben und auf 1100018000 EUR (1,1 Mrd. Euro) beziffert. Seine Steuerschuld errechnete das Finanzamt auf mehr als 200 Mio. Euro.
Daraufhin rief der Rentner beim Finanzamt an und wies die
Sachbearbeiterin auf Ihren "Flüchtigkeitsfehler" hin. Umgehende Änderung wurde ihm zugesagt.
Einige Wochen später wurde dem Rentner seine EC-Karte vom
Bankautomaten eingezogen. Seine Bank wies den Rentner darauf hin, dass das Finanzamt eine Steuerrate von 13 Mio. Euro eingezogen habe.
Daraufhin maschierte der Rentner zu seinem Rechtsanwalt. Der
Rechtsanwalt fertigte EIN Schreiben an das Finanzamt an und innerhalb weniger Tage wurde der Beschwerde abgeholfen. Der Rentner bekam natürlich sein Geld vollständig zurück.
Jetzt aber der Hammer:
Der Rechtsantwalt bezifferte gegenüber dem Finanzamt seine Kosten, die er abhängig vom Streitwert errechnete. Der Streitwert (mehr als 200 Mio. Euro) hatte einen Kostenersatz von 2,5 Mio. Euro zur Folge. Das Finanzamt weigerte sich, den Betrag auszuzahlen. Der Rechtsanwalt klagte seinen Anspruch ein und gewann vor Gericht.
Der Rechtsanwalt hat doch wohl mal alles richtig gemacht, Respekt!
Die Kosten für das Verfahren trägt übrigens der Steuerzahler.
I blame the OAP for going to a lawyer just as much as the Finanzamt for being their usual arse-like self.
Well I agree it's no fun watching someone make money from your misfortune but if you are doing this on your own be prepared to spend time on it and be careful, it is quite different to what would happen after an accident in England.
A similar thing happened to me several years ago. Geisterfahrer was coming the wrong way up an Ausfahrt.
I braked and stopped to avoid hitting him. I was actually stationary when another guy ploughed into the back of me at some speed. Like you said...you can sense something coming in your mirror and then hear the squeal of tires as they brake...
What you could do is place an advert in the local paper asking for witnesses to come forward. Detail time and place and say that you'll offer a reward.
It's also worth asking the police stations in the area because some people do report later to the cops that they were a witness.
I braked and stopped to avoid hitting him. I was actually stationary when another guy ploughed into the back of me at some speed. Like you said...you can sense something coming in your mirror and then hear the squeal of tires as they brake...
What you could do is place an advert in the local paper asking for witnesses to come forward. Detail time and place and say that you'll offer a reward.
It's also worth asking the police stations in the area because some people do report later to the cops that they were a witness.
Hi
following points after an accident
If youu can not get any insurance information from the other person you can goto the "strassenverkehresamt "giving the reg nr of the other veh involved and signing a statement as to why you need the information ,and they will give it you.
If your car is a "writeoff" the Gutachter will give a "restwert"(scrap price) in the report,the "restwert" is always below the going price and most dealers will try to buy it from you for this price although you get up to 2 times as much on the open market
If your car can be repaired the "gutachter" will write in the report how many days the dealer has to repair the car, and that is also how long you get the Hire car free
you could also sign a "Schadenregelungs Abtrettungs" by your dealer, when you sign this the dealer sorts out evreything with the insurance company from the other driver and you just take the hire car back and pick up your repaired car
following points after an accident
If youu can not get any insurance information from the other person you can goto the "strassenverkehresamt "giving the reg nr of the other veh involved and signing a statement as to why you need the information ,and they will give it you.
If your car is a "writeoff" the Gutachter will give a "restwert"(scrap price) in the report,the "restwert" is always below the going price and most dealers will try to buy it from you for this price although you get up to 2 times as much on the open market
If your car can be repaired the "gutachter" will write in the report how many days the dealer has to repair the car, and that is also how long you get the Hire car free
you could also sign a "Schadenregelungs Abtrettungs" by your dealer, when you sign this the dealer sorts out evreything with the insurance company from the other driver and you just take the hire car back and pick up your repaired car
Well .. it's all going well so far. €7200 damage to my car which the other guy's insurance will pay. And I get to test drive a 5 series for a couple of weeks. Quite impressed really with the efficiency of the whole procedure. Glad I got the police involved though and that there witnesses to confirm my need to slam the brakes on.
QUOTE
you could also sign a "Schadenregelungs Abtrettungs" by your dealer
You only do that if you don't want any hassle. Sometimes it is better not to.
I took my car to the garage, and said that I was at fault. He did it cheaper for me, and I pocketed the insurance dosh in full. I only spent half of that on the repair. If you can do without a car, you can pocket that dosh too !!!
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