In August I was involved in an auto accident. Northing major, other driver was nice, but neither of us could honestly say who's fault it was because it was a weird situation. Therefor we called the police. On site the police said it was the fault of the other driver. Because of this, I never involved my insurance company.
Fast forward to the beginning of November and I receive a check, but only for 50% of the amount—which was not surprising. When I contact the insurance company of the other driver they said it was because the police could not determine who was at fault, and therefore would only pay half. I went to the police and talked to the same officer that wrote the report and she, after reviewing the report, said that the other driver was in fact at fault and it stated that in the report.
I know that I know that under § 49 OWiG I am able to request a copy of the police report. What I would like to do is get a copy and the challenge the decision of the insurance copy without involving a lawyer. However I have been told that the lawyer is better route to go.
My question: in many circumstances when a lawyer is needed, and the opposing side is found "guilty", the fees of the lawyer is paid by the opposing side. I would like to know if this is one of those cases, as I assume that our situation would never go to court.
Maybe the far reaching wisdom of @PandaMunich knows something?
I'm from the US and I've been living in Germany for 6 years, mostly as a student (finished my MA here).
I'm getting a divorce from my German husband, probably in May, after 3 years of marriage. I am looking for a family AND immigration lawyer to help me hash out the details of my residence title in Germany after the divorce. I am hoping to pay under 100 euros for a brief consultation. Any advice/recommendations you have are welcome!
Thanks in advance!