Handling the aftermath of a car accident

61 posts in this topic

You expect too much. As I said, they have to pay for a reasonable peroid , enough time to find another car. Not more. And it's them who will have to pay for your lawyer's fees. So don't hesitate, otherwise you will wait another 3 weeks for your money and you won't get all of what you are legally entitled to.

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...and be sure you can justify the rental car by virtue of driving it regularly while you have it. If the insurance company subsequently find it would have been cheaper for you to take a bus or taxi for the trips you needed to take they can refuse to pay the rental cost or reduce it accordingly - the rule of thumb is that you must drive at least 30km per day. The rental car must also be at least one rental car class lower than your car that was damaged.

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Does anyone have any info on what process is used by the insurance company to determine value of a totaled car? Someone totaled my wife's MX5 last week (no one hurt/other driver admitted fault) and I just have no experience with this at all. The estimator said something about a combination of car book value and local replacement value, but I'd like to have an idea before I go shopping for another one what we might get out of it.

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You should hear very quickly what their valuation will be - usually in less than 7 days after making a claim, as the insurance company will want to settle as quickly as possible to avoid having to pay for a rental car and other consequential costs that you may claim from them. The assessor will submit his report within 2 working days, so you should hear from them shortly after they receive it, assuming there is no dispute about blame. The assessor will tell them what the valuation is. Bear in mind any pay-out may also take into account any scrap value he sets on the wreck.

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Not unless they tell you to. They pay you the NPV, they own the vehicle.

 

If you want to scrap it yourself, they usually deduct a few hundred euros from the settlement.

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Update...

 

So, I took the advice, went to a solicitor, explained the situation. He said that no fault could be placed on me, and he would write to the 3rd party's insurance and demand payment asap.

 

That night got an email copy of his letter to the insurance demanding an amount as per the garages paperwork along with his invoice of €650, of which he confirmed the 3rd party insurance would have to pay for.

 

A few days past with no contatc from anyone until yesterday. I get an email from the solicitor which basically said...

 

"Got paid from the insurance, it's a approx 25% less than what was originally quoted and I have taken my fee from the money. Have a nice day!"

 

Now I'm a little confused and annoyed.

 

Is that it?? Am I supposed ot just go okay?

 

Is this normal. Somebody wrote my car off and I can't even pay off the finance of it???

 

Help!

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At the very least you should ask why he agreed to a settlement before speaking to you, and if he only wrote one letter then 650€ seems a little excessive so ask where he gets that from too. Strange that he also took the money himself, while it's not a great problem, it's quite unusual for an undisputed claim of this size. Not being able to pay off the finance is really nothing to do with it -that's what Guaranteed Asset Protection (GAP) insurance is for.

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Well the problem is that before that accident occured, that I had 0% fault in.

 

I had an asset (the car) that was worth more than the loan. Not to mention that I actually had a car to drive around in and use everyday.

 

Now I have a smashed up car in some garage with a loan on it. Granted the loan company agreed to a maratorium on repayments until this claim is settled.

 

I have a solicitor that seems to have charged ME, his €650 for a one page letter plus the insurance company have paid out only approx 75% of what they should have.

 

If things stay as is, I've been pretty short changed and I feel like I've been fooked in both ears.

 

What do I do next is the question???

 

Thanks for the answers BTW.

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[adminmerge][/adminmerge]

 

Hi All,

 

I am not sure if this is the right place for this post, or such a question has already been answered. I am too stressed to search the entire forum, so here goes.

 

This morning, I had a minor accident. I bumped into a car in front at a traffic signal. It was a very minor bump, as the light had just turned green and I had just started moving. The speed could not have been more than 5km/hr. Luckily no visible damage was done to either of the cars. The lady in the other car decided to call the Police, who arrived in less than a minute. We were asked to drive over to a parking lot nearby.

 

They asked for my driving license and the registration certificate of the car. As luck would have it, I couldn't find my driving license, but I had recently got a my driving license data translated and luckily I was carrying it. The Policeman in-charge was quite glad to see it, and said this is the first time he has seen anyone carry it. He asked me about what happened and all the details. Long story short, he quickly made the accident report and we were on our way.

 

Now, when I read the Accident report, I have a few doubts. There are a few fields which I am unable to understand. These have been filled by the Police. Can anyone please explain, what it means?

 

TBNR/TabNr - 101130

Beweismittel - 9

 

Then there are three boxes - Bar, Unbar and muendl., of which muendl is checked.

 

The next field isv- Schadenhohe in Euro ca. _____ Euro. Which has been filled by a tick/check.

 

Would really appreciate if someone could explain what all this means.

 

Another thing I just realized is that I signed the report, but the lady did not. Would it have any impact?

 

I was told by the Police that I need to send this accident report to my Insurance company. Only problem is that I haven't received any paperwork from the Insurance company yet, as I bought the car last week, and have no idea about my insurance details as the dealer from whom I bought the car took care of it. I just checked with the dealer, and he told me that the Insurance policy has been made on 21/07 and I should get the paperwork soon. Since the Insurance is effective from 21/07 and I had an accident today, can the Insurance company refuse to entertain the claim?

 

How soon should the accident be reported to the insurance company? Is there a law that states that it has to be done within a certain period of time? Also, how would the damage be assessed?

 

Thanks in advance.

 

Cheers,

Osnabrucker

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[adminmerge][/adminmerge]

 

Hi,

 

Yesterday I was stupid enough to scratch a side of another car while parking. There is no noticeable damage to my car, but there were some scratches on the other car. I waited for the owner to show up and had a chat with her. She said if it was her car she wouldn't care, but it was a company car, so she definitely wants to call the police. The police came over, and made a an official file. That was it. Since I only recently moved to Germany, I am not entirely sure how things work around here. Is there anything that has to be done on my side now? Should I inform my insurance company?

 

Would really appreciate any advice.

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Call your insurance company and inform them, they will send you some forms you have to fill up and send back and at the end they will let you know if it makes sense that you pay directly for the damages or not.

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Hi, A lady friend had this experience. She was pregnant and was nearly hit by falling rail wires, which landed her in the hospital until the baby was successfully delivered. Before then, she got Arbeitsverbot. The police had been informed and they took photos of the item that finally fell at the platform of the train station. How should one approach this situation since nothing has been heard since then from the police since then. Thanks.

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44 minutes ago, paxbaby said:

She was pregnant and was nearly hit by falling rail wires, which landed her in the hospital until the baby was successfully delivered.

What is the connection between being nearly hit and landing in hospital? And successfully means that both the baby and the lady are fine, right?

 

And that Arbeitsverbot is pretty normal, when a lady is pregnant.

 

So, what is your question?

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The fact that she has been discharged and baby delivered does not mean that all is well immediately, okay. I can only imagine someone with experience telling us on this platform what to do. I think, in the right framework, she needed to be compensated and kept on check. That is only my thought but someone with similar experience could tell or say better.

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germany does not have a concept of "pain and suffering" wrt lawsuits, they focus on compensation for actual material losses. 

 

if she had been unable to work because of the accident, if she incurred costs directly related to the accident, or if she had a lasting disability that would prevent her from working in the same capacity as she had before, she would have some traction, but it doesn't sound like that was the case, was it?

 

what do you think she should be compensated for?

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51 minutes ago, paxbaby said:

The fact that she has been discharged and baby delivered does not mean that all is well immediately, okay. I can only imagine someone with experience telling us on this platform what to do. I think, in the right framework, she needed to be compensated and kept on check. That is only my thought but someone with similar experience could tell or say better.

 

Well this is not the US and compensation is generally based on the money you are out.  So is she out any money? Does she have an injury? She could go see a lawyer but I wouldn't hold my breath for a big payout.

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5 hours ago, paxbaby said:

Hi, A lady friend had this experience. She was pregnant and was nearly hit by falling rail wires, which landed her in the hospital until the baby was successfully delivered. Before then, she got Arbeitsverbot. The police had been informed and they took photos of the item that finally fell at the platform of the train station. How should one approach this situation since nothing has been heard since then from the police since then. Thanks.

I am sorry to hear of the incident. Must have been a shock to her, and I imagine she was admitted to hospital as a precaution, for both her and her baby. Glad all is well.

 I hope  a report was made to the relevant authorities, so it does not happen again.

However, I fail to understand why there should be monetary compensation. As mentioned- Arbeitsverbot  is normal during pregnancy.

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