Car Accident with Fahrerflucht

90 posts in this topic

a very similar situation happened to me recently and would love some advice:  Car parked on the street outside my flat, we hear crush, go out and whole rear of my car is trashed. Luckily a guy working opposite side of the street saw it all and noted the culprit's plate number and car make. Cops came took a sample of paint too.  Few weeks later I got a letter from the police asking for our  cost estimate and giving us the name of the hit-and-run guy and his insurance company. We got a valuation of around 3k to repair and contacted guy's insurance company. Now the insurance company, Signal -Iduna, refuses to settle - they claim the guy represses the claim saying it wasn't him and therefore they can´t pay because the procedure is not closed. When we call cops they said all is closed but apparently they guy is going to court for criminal hit-and-run, so nothing with the fact that he hit us, that's is proven but he risk jail time for running (apparently a repeated offender). Not sure what to do in this situation. I asked if the cops can give me the statement in writing but they refused... all looks rather weird to me and I am left with a cost of €3000 while the insurance company screwed me...

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1 hour ago, aeroplane said:

a ... situation happened to me ...:  Car parked ..., we hear crush, ... rear of my car is trashed. ... a guy ...saw it all and noted the culprit's plate number and car make. Cops came ... asking for our  cost estimate and giving us the name of the hit-and-run guy and his insurance company. ... insurance company, Signal -Iduna, refuses to settle - ... the guy ... saying it wasn't him ... ... cops they said all is closed but apparently they guy is going to court for criminal hit-and-run, ... I asked if the cops can give me the statement in writing but they refused... ...

 

Yeah, Germany's privacy laws are over the top.  On the one hand, courts are open to the public (even in Corona times), so in theory you could attend any proceedings of the criminal case.  On the other hand I suspect it is unlikely the Staatsanwalt prosecuting the case will give you copies of the police report. 

 

If your car needs fixing to run, I guess you need to go ahead and get it fixed.  But if there are non-TUeV cosmetic issues, you might try holding off on that until the criminal case winds its way through the court.  You also might try getting yourself a traffic lawyer (yup, could fast cost more than EUR 3k), or on your own seeing if you can get a statement from the guy that saw the crash and give that statement to the insurer. 

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19 hours ago, Lotzo said:

... I was in my car. ... and all of a sudden a car crashed my right mirror. ... the car stopped for a moment and decided to continue on its way... I called the police. ... They are not giving me any info about the people that caused the incident. Suddenly I received a SMS in which they said that they are sorry and if I send them the car service bill they will pay it asap.  What would you do in my place?

 

If you got the right license plate, the bad guy will be prosecuted.  It's a police matter and no amount of the other driver being nice to you and you telling the police not to prosecute him is going to change that. 

 

You are in an adversarial situation with the other driver.  He did something wrong.  You want money from him to make things right.  Generally in such a situation it is better to let a lawyer be an intermediary.  (but yes, lawyers will want to be paid for doing their job).   That being said, there would be advantages for you in learning the identity.  I would suggest communicating enough to learn the identity.  Do not say anything in your communications (especially written ones) that commits to any facts related to the incident.  Try to limit your communications to questions. 

 

Do everything "the official way" -- tell your insurance company about the incident and let the police do their job. 

 

In general, do not talk to the police either. Who knows what they will do with information you give them.  Perhaps they will say your vehicle was in the wrong spot.

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20 hours ago, silty1 said:

It just makes things easier for you to go through insurance.  Give them all the details and they'll take care of everything. My experience so far, anyway. 

 

I wonder why would the victims insurance company step in , since he is not liable for the accident.  

  Since the police already identified the culprit , their insurance detail is available and that's enough to get it repaired in victims repairshop of choice.

If victims  insurance company take care of it, i am impressed and I will change to them next time if I get to know which one(  and they stay top on check 24 of course 😁 )

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1 hour ago, jubinjohn said:

I wonder why would the victims insurance company step in

They won´t - except maybe if the OP has full comprehensive cover. In that case they have an interest in getting the opponent´s insurance to pay.

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10 hours ago, jeba said:

They won´t - except maybe if the OP has full comprehensive cover. In that case they have an interest in getting the opponent´s insurance to pay.

Again non-sense information; of course the victims insurance will contact the insurance company of the culprit. 

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24 minutes ago, Dubya said:

Again non-sense information; of course the victims insurance will contact the insurance company of the culprit. 

I doubt that very much. Why would they - unless they can benefit from it. Which isn´t the case if you only have thrid party liability insurance.

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An example of German obsession with Fahrerflucht involving inanimate objects make international news.  The news is "how cute it is that little kids did drawings and the police are using them".  But, if you read between the lines you see that a driver damaged the guard rail and the police are chasing her for it.

 

Police in the west German city of Hamm are using drawings by six-year-olds to trace a rogue driver who allegedly smashed through a road barrier.

The police praised the four young sleuths' sketches, saying they were officially part of the investigation.

The children were waiting to cross the road when they witnessed the driver, a woman with short blonde hair.

The driver "didn't care about the damage caused and kept driving", the police said on Facebook.

When the children - Luisa, Romy, Celina and Luis - reported the incident to their teacher she got them to sketch it and she then informed the police.

The police Facebook post has two of the sketches, but another one apparently shows the driver in more detail.

Readers were full of praise for the four budding detectives. "Super kids!" several wrote, and two suggested that the sketches were more useful than video surveillance images.

Local resident Michael Schulte wrote: "Terrific action by the kids. They don't look away, but act. Many adults could learn from the children's example."

 

"Sie sahen, wie ein schwarzes Auto von der Uphofstraße nach links in die Horster Straße abbog und dabei gegen einen Pfosten krachte. Dieser knickte durch die Wucht des Aufpralls um. Doch das schien die Frau mit kurzen blonden Haaren, die am Steuer saß, nicht weiter zu kümmern. Sie fuhr einfach davon." 

 

Shocking!  Those kinds are gonna have PTSD for sure.  Go for it Hamm Polizei !  Make that blond lady pay for the Pfost. 

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On 10/13/2020, 1:06:25, jeba said:

Maybe, if the cost is lower than the increase in the insurance premium? I said what I´d do in the scenarion the OP had described. If there was more damage (like cost of rental car) I´d simply take a lawywer and have him deal with it because my experience taught me that dealing with insurance can be quite a hassle. They may want drawings of the accident scene, detailed explanations etc. That´s why for minor damage I´d simply have it repaired and forward the invoice to the perpetrator. You´d be welcome to handle it differently though.

You are very nice. I would do that only if the car stopped and the driver gave their details. Then I have no interest in the bureaucratic hassle and in punishing the driver with increased premiums.

 

However, this is not the case here. The driver thought they will be able to just drive away. No way I would have accepted anything than double cost of repair in cash. The assholeness should not be encouraged.

 

P.S. Always fold your both mirrors when you park. Saves a lot of money.

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Speaking of car accident, I just realized I have a flat tire because of a screw. Fortunately the tire lost air during the night and it is still in the garage.

What is the best option in this case?

  • call insurance (i have vollkasko, is this covered or worth?)
  • call ADAC (I have membership)
  • fill it with foam and drive it to the shop on Monday
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24 minutes ago, MikeMelga said:

Speaking of car accident, I just realized I have a flat tire because of a screw. Fortunately the tire lost air during the night and it is still in the garage.

What is the best option in this case?

  • call insurance (i have vollkasko, is this covered or worth?)
  • call ADAC (I have membership)
  • fill it with foam and drive it to the shop on Monday

Had the same- called ADAC. They changed tyre and we  took tyre to shop .

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5 minutes ago, RedMidge said:

Had the same- called ADAC. They changed tyre and we  took tyre to shop .

Thanks! I don't have a spare, only foam. or they give you a spare? How much it costed?

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Just now, MikeMelga said:

Thanks! I don't have a spare, only foam. or they give you a spare? How much it costed?

Ah- we did have a small spare tyre, . No cost as a member.

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Ok, so it seems the reasonable solution is to pump the foam in and drive to the nearest shop?

Does the foam make the repair harder?

BTW, the screw is still there, should I remove it before placing the foam?

 

EDIT: removed the screw, it's a torx screw of a type I don't have at home, so definitely not mine. It's around 45mm long.

It's almost on the shoulder of the tire, is this repairable?

I had to unscrew it, it would not come off by pulling. Would this indicate vandalism or it's just the nature of rubber?

reifen2.png.82d4dffb5a94b2db2707748aa7db

 

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19 minutes ago, MikeMelga said:

Ok, so it seems the reasonable solution is to pump the foam in and drive to the nearest shop?

Does the foam make the repair harder?

BTW, the screw is still there, should I remove it before placing the foam?

 

The tire inflator foam ruins the tire.

 

Advice from a long-time car guy (me):  Do NOT remove the screw under any circumstances.  It will make it harder to find the hole if the tire can be repaired.

 

First thing, pump up the tire to normal pressure with air (not fix-a-flat foam).

 

Wait about 1.5x the time it would take to drive to your local tire shop.

 

If the tire still holds air (and it usually will), drive the car to the shop.

 

If the tire won‘t hold air, jack up the car, remove the wheel, and have a friend take you or take a taxi to the repair shop with the tire/wheel assembly and see if it can be fixed.  

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1 minute ago, Space Cowboy said:

 

The tire inflator foam ruins the tire.

 

Advice from a long-time car guy (me):  Do NOT remove the screw under any circumstances.  It will make it harder to find the hole if the tire can be repaired.

Ah fuck, just did that 10 minutes ago. Still, it is easy to find the hole, I have a picture relating to the side of the tire, with letters. I can also paint it, it's easy for me to see it at the moment.

 

1 minute ago, Space Cowboy said:

First thing, pump up the tire to normal pressure with air (not fix-a-flat foam).

 

Wait about 1.5x the time it would take to drive to your local tire shop.

 

If the tire still holds air (and it usually will), drive the car to the shop.

 

If the tire won‘t hold air, jack up the car, remove the wheel, and have a friend take you or take a taxi to the repair shop with the tire/wheel assembly and see if it can be fixed.  

Thanks, I have no jack and no tools to remove a tire, I will ask a friend if he has some.

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1 minute ago, MikeMelga said:

Ah fuck, just did that 10 minutes ago. Still, it is easy to find the hole, I have a picture relating to the side of the tire, with letters. I can also paint it, it's easy for me to see it at the moment.

 

Thanks, I have no jack and no tools to remove a tire, I will ask a friend if he has some.

 

You need to jack it up ASAP.  A completely flat tire will put the full weight of that portion of the vehicle on the wheel assembly, and bend it.  That is bad.

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ok, should i just call ADAC?

EDIT: I could run to Hornbach and buy a jack... my concern is that Tesla is quite picky on jacking up the car, to avoid battery damage.

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3 minutes ago, MikeMelga said:

ok, should i just call ADAC?

 

If you have an ADAC membership, yes.

 

And buy a jack/wheel removal tools :D

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