Accident on rental car: Unable to get Police Report (Polizeibericht) from Police or Car Rental Company (Autovermieter)

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Recently I had a minor car accident on rental car booked online from Check24 portal. Buchbinder was the actual rental company whereas Auto Europe was the online company.

After returning the car Buchbinder has already deducted the damages cost from my credit card. I have applied for claim (Reklamation) as it was a Full-Insurance (Vollkasko ohne Selbstbeteiligung).

The problem is that Auto Europe need a Police Report (Polizeibericht) to process my claim. All I have is the Police file number (Polizei Aktenzeichen) and not the report it self. I tried calling the Police office and they say that "Aktenzeichen" is all they can give out. I then called Buchbinder (as it's their car) and they also don't have it.

Help desk person at Check24 say that I can either get it from Buchbinder or ask a lawyer to get it for me. It doesn't make sense to ask lawyer for it as it will cost me extra 100-200€ which no one will refund.

Does anyone has an idea how to solve this problem? Any help would be great. Thanks.

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1 hour ago, fredadi said:

After returning the car Buchbinder has already deducted the damages cost from my credit card. I have applied for claim (Reklamation) as it was a Full-Insurance (Vollkasko ohne Selbstbeteiligung).

They can't do it without sending you the full damage report from the Gutachter.

 

I think police report is none of your business, give them police file number and tell them to f*ck off. Many years ago Sixt tried to milk me by claiming I was "negligent" and thus refusing to apply Kasko insurance. I needed a letter from the lawyer who told them to f*ck off, which they did.

 

Please check what exactly is deducted from the CC, maybe it is something not really covered by Kasko. After that, you can apply for refund from your credit card company if anything else fails.

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As far as I know it is usually the insurance company who has to contact the Police for a copy of the report, not you. Has the car company or their insurance tried to get a copy of the Police report? :unsure:

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After so many more weeks this is the reply I got from Check24 today

 

Check24 says:

Quote

 

Wir hatten Ihr Anliegen bereits an höherer Stelle bei Ihrem Anbieter Auto Europe für Sie angemahnt und eskaliert. Wir haben nun eine Rückmeldung erhalten: 
 
"Das Aktenzeichen ist nicht ausreichend – der Kunde bestätigt unsere Bedingungen und weiß von Anfang an, dass der Polizeibericht erforderlich ist. Es ist die Aufgabe des Kunden die kompletten Unterlagen einzureichen. Auch wenn der Vermieter vor Ort vielleicht sagt, dass kein Bericht notwendig ist oder dergleichen. Wir als Vermittler haben keine Aktenzeicheneinsichtsrecht – nur die Versicherung oder ein Anwalt.
Gerne geben wir euch dazu nähere Erklärungen: es liegt nicht am Vermieter den Bericht anzufordern, denn der Kunde ist gemäß den AGB`s verpflichtet die Bedingungen zu erfüllen und den Polizeibericht zu erbringen. Erfahrungsgemäß bekommt er diesen auch als Kopie ausgehändigt. Dies ist alles rechtlich auch geprüft worden. Zudem hat der Kunde nicht den Vermieter informiert, dass es sich um einen Drittparteischaden handelt. Gemäß unserer Rechtsabteilung verhält es sich so, dass wir kein Akteneinsichtsrecht haben."

Da bei Ihrem Schadensfall ein weiterer Verkehrsteilnehmer involviert war (Drittparteischaden) benötigt Ihr Anbieter Auto Europe dringend einen Polizeibericht. Leider reicht die Übermittlung des Aktenzeichen nicht aus um den Schaden bei Ihrem Anbieter zu regulieren. Bitte prüfen Sie die Angelegenheit mit Ihrem Rechtsbeistand. Dieser bekommt einen Polizeibericht ausgehändigt. Sobald uns die erforderlichen Unterlagen vorliegen, eskalieren wir Ihren Fall weiterhin an Ihren Anbieter Auto Europe.

 

 

 
Now if I go to the lawyer to obtain the so called Police report (if there is one) who will pay the lawyer fee? I do not have the lawyers insurance, and they usually charge couple of hundred euros to even consult you. My entire insurance claim is around 500€, so does it make sense to go to the lawyer?
 
Any help would be highly appreciated. 
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1 hour ago, fredadi said:

so called Police report (if there is one)

There is a Police report as you said there was a case number. Your lawyer or the insurance can obtain a copy of the report. ;)

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1 minute ago, lunaCH said:

There is a Police report as you said there was a case number. ;)

Then the next question would be any ideas why police would not like to give me that report? I mean who else is the rightful owner of this report? Why do I have to ask the lawyer to extract the police report and pay him for that? And the biggest concern of course who will reimburse the costs of the lawyer?

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On 09/07/2020, 12:32:52, fredadi said:

tried calling the Police office and they say that "Aktenzeichen" is all they can give out. I then called

 

Did you tried just visiting the appropriate police station and requesting a report? A quick Google search links to following site site. In the comment it says that it cost 25 euro(in 2018) and you need to personally request it( I guess they want to verify you before giving the report). 

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6 minutes ago, fredadi said:

Then the next question would be any ideas why police would not like to give me that report? I mean who else is the rightful owner of this report? Why do I have to ask the lawyer to extract the police report and pay him for that? And the biggest concern of course who will reimburse the costs of the lawyer?

We have never seen any Police reports of cases that we have been involved in, - the entire thing is handled by lawyers or more often than not insurance companies. As mentioned, normally you don't receive a copy, because you simply don't need it for anything. This has been my experience in five different countries to date. :)

Have you contacted the insurance directly to see if they are in the process of obtaining the report? 

Be aware that this can take some time. We have an open case with an insurance company and they are trying to get hold of the report - and we haven't heard anything for almost two months now. ;)

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2 hours ago, vivanco said:

 

Did you tried just visiting the appropriate police station and requesting a report? A quick Google search links to following site site. In the comment it says that it cost 25 euro(in 2018) and you need to personally request it( I guess they want to verify you before giving the report). 

I have called them multiple times, and received only one answer. "We do not give police report and Aktenzeichen should be sufficient" (Roughly translated). What they (Police department) told me was that the car insurance company can use the Akenzeichen to perform the Akteneinsicht or a lawyer can request a Police report.

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3 minutes ago, fredadi said:

I have called them multiple times, and received only one answer. "We do not give police report and Aktenzeichen should be sufficient" (Roughly translated). What they (Police department) told me was that the car insurance company can use the Akenzeichen to perform the Akteneinsicht or a lawyer can request a Police report.

Have you contacted the insurance directly to see if they are in the process of obtaining the report? 

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3 hours ago, fredadi said:

I have called them multiple times, and received only one answer. "We do not give police report and Aktenzeichen should be sufficient" (Roughly translated). What they (Police department) told me was that the car insurance company can use the Akenzeichen to perform the Akteneinsicht or a lawyer can request a Police report.

My car was hit by a wild boar in Feb. Luckily i called the police and they noted everything. Next day i called my insurance and they said that they need a police report. I went to the police station from which the police guy had come and they handed me an Aktenzeichen number saying that it would be enough for insurance. However,  insurance kept insisting that they needed the police report. So, the next day i visited the police station again and asked for a report directly from the police guy who visited the site of accident. He issued the report in about 15 mins, told me that it costs 25€ and i will get the bill via post. In 2-3 weeks, i received the bill and sent it directly to my insurance who then paid it to police.

 

So stop calling them and visit the police station with your Aktenzeichen. Tell them the situation in detail when you are there.

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8 hours ago, syedalisajjad said:

So stop calling them and visit the police station with your Aktenzeichen. Tell them the situation in detail when you are there.

It depends if the OP wants to pay the €25 fee. Shouldn't it be the insurance who obtains and pays for it directly? There's no guarantee that they will pay anything at this stage. Any serious or professional insurance company will do their own paperwork.

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2 hours ago, lunaCH said:

It depends if the OP wants to pay the €25 fee. Shouldn't it be the insurance who obtains and pays for it directly?

 

well, ideally they should. But they have their own tricks, delaying tactics etc. what would you do if the insurance is not willing to contact the police directly for the report? i was once involved in an accident where the other guy hit me, so i involved a lawyer. Others guys insurance demanded the police report after few weeks which my lawyer was able to get from the police.

 

2 hours ago, lunaCH said:

There's no guarantee that they will pay anything at this stage. 

 

better to pay 25 EUR instead of loosing 500 EUR. One can always ask the insurance company whether they will pay for the report or not?

 

2 hours ago, lunaCH said:

Any serious or professional insurance company will do their own paperwork.

 

i am insured with HUK24 and i believe that it's a professional insurance company :) 

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5 minutes ago, syedalisajjad said:

better to pay 25 EUR instead of loosing 500 EUR. One can always ask the insurance company whether they will pay for the report or not?

Definitely - though it's up to the OP to decide in this case. At this point I would ask the insurance if they'll get it or if the OP has to get it and who will pay ultimately for it.

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14 hours ago, syedalisajjad said:

My car was hit by a wild boar in Feb. Luckily i called the police and they noted everything. Next day i called my insurance and they said that they need a police report. I went to the police station from which the police guy had come and they handed me an Aktenzeichen number saying that it would be enough for insurance. However,  insurance kept insisting that they needed the police report. So, the next day i visited the police station again and asked for a report directly from the police guy who visited the site of accident. He issued the report in about 15 mins, told me that it costs 25€ and i will get the bill via post. In 2-3 weeks, i received the bill and sent it directly to my insurance who then paid it to police.

 

So stop calling them and visit the police station with your Aktenzeichen. Tell them the situation in detail when you are there.

The place of accident was Munich, and I live in Frankfurt. I do not want to go all the way to Munich.

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2 hours ago, syedalisajjad said:

 

well, ideally they should. But they have their own tricks, delaying tactics etc. what would you do if the insurance is not willing to contact the police directly for the report? i was once involved in an accident where the other guy hit me, so i involved a lawyer. Others guys insurance demanded the police report after few weeks which my lawyer was able to get from the police.

 

 

better to pay 25 EUR instead of loosing 500 EUR. One can always ask the insurance company whether they will pay for the report or not?

 

 

i am insured with HUK24 and i believe that it's a professional insurance company :) 

In my case it's a rental car. The online company Auto Europe is not willing to reimburse any cost related to obtaining the police report. I have emailed Buchbinder Damange Claim department (in Regensburg) since it was their car, let's see if they can help me.
Otherwise, I will be left with only one option and that is to ask a lawyer to obtain the police report for me. It will cost me around a 100€ I think, which sadly I have to pay from my pocket. 

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On 7/29/2020, 4:27:58, lunaCH said:

There is a Police report as you said there was a case number. Your lawyer or the insurance can obtain a copy of the report. ;)

It turned out that there is no police report in written form. Below is the email answer I got today from the police department

Quote

Polizeiinspektion <Masked: Number of police station>                                                          München, 31.07.2020

<Masked: address of police station> 

 

 

Herrn

<Masked: My name and address> 

 

  

Verkehrsunfall

 

am <Masked: Date, time and place of the accident>

 

 

Sehr geehrter Herr <Masked: My name>,

 

der Verkehrsunfall wurde unter dem Aktenzeichen <Masked: My case number>

von der Polizeizeiinspektion <Masked: Number of police station> aufgenommen. Da es sich um einen Unfall

mit lediglich einem Austausch der Personalien aller Unfallbeteiligten handelt,

ist keine schriftlich gefertigte Akte vorhanden.

 

Mit freundlichen Grüßen

 

 

 

<Masked: Name of the police officer>

Polizeihauptkommissar

 

I have forwarded this email answer to Check24 (which will then forward it to Auto Europe), and hoping that this will finally solve the Polizeibericht issue. Fingerscrossed.

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Update:

After submitting the Email I got from the Polizei I waited another couple of days and then called Check24. This time there's a good news, Check24 says that Auto Europe has agreed to refund me the damage costs and that it will transfer my money during this week.

Once I get my money back I will update here the amount I got back and the amount they deducted as service charges etc.

 

Thank you all for your help. 

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