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Insurer of opposing driver won't pay full. Now what?

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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?

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Someone I know had been hit by another driver and he immediately phoned a gutachter to estimate his damage to put a claim to the other drivers insurance.  The gutachter offered to involve a lawyer he works with or asked whether he had his own lawyer.  He opted to go with the lawyer of the gutachter.  Since the damages in his case were worth more than the car, the insurance company paid for the value of the car minus scrap value plus cost of gutachter and cost of lawyer.  I assume since you had an amount that you either used a gutachter or did you already get it fixed?

 

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55 minutes ago, geppelt said:

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.

 

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.

 

We have separation of powers in Germany, the 3 powers are:

  • legislative: the ones making the laws, i.e. the parliament
  • executive: the ones enforcing the law, i.e. the police
  • judicative: the ones deciding whether something is right or wrong, i.e. the courts

The police is the executive, they don't get to decide about "guilt".

So if you go ahead and hire a lawyer and then a court says the other party is "100% guilty", then, and only then will the opposing party have to pay 100% of your lawyer's fees and the entire court costs.

 

In clear-cut cases the opposing insurance will cede that their client is "guilty" and it doesn't go any further.

But if they don't, you would have to sue and run the risk of the court coming to the same decision as the insurances between themselves did, which going by what you said is a Teilschuld of 50% (= your own share of the guilt is 50%).

This would mean having to pay 50% of your lawyer's fees and 50% of the opposing party's lawyer's fees, which is basically the same as paying your lawyer out of your own pocket. 

Additionally, you would of course have to pay 50% of the court fees.

 

So weigh up the risks and decide how you want to go ahead.

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1 hour ago, LeonG said:

Someone I know had been hit by another driver and he immediately phoned a gutachter to estimate his damage to put a claim to the other drivers insurance.  The gutachter offered to involve a lawyer he works with or asked whether he had his own lawyer.  He opted to go with the lawyer of the gutachter.  Since the damages in his case were worth more than the car, the insurance company paid for the value of the car minus scrap value plus cost of gutachter and cost of lawyer.  I assume since you had an amount that you either used a gutachter or did you already get it fixed?

 

 

The insurance company asked me to go to a specific garage to have the repair costs estimated. The car has not be repaired.

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@PandaMunich I understand that the police do not get to decide guilt, but the insurance company is basing their decision off of the Police report. The issue is that they are lying about what the police report actually says.

 

So if I were to hire a lawyer, and the insurance company decides to pay 100% without us going to court, then I would still be responsible for the costs of my lawyer?

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In the case of this guy I know, it never went to court.  The insurance company paid damages plus all costs.

 

I don't know if you can go the same way and see a gutachter because you already have an estimate but before you pay anyone to do anything, maybe you should ask your insurance company about what you can do.  You could ask a lawyer for advice but you have to figure out if you get advice and then don't use the lawyer, you are still paying something for the consultation.  Whether it's all worth it depends on the amount.

 

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