10 rules for a road traffic accident in Germany

This article is dated as shown. Laws, fees and prices have changed since then. Check the figures before you rely on them.

10 golden rules for road traffic accidents in Germany

Let us distinguish between how to behave at the scene of the accident and how to behave afterwards:

Behaviour at the scene of the accident. 1. Stop immediately. Switch on your hazard lights. Stay calm. Secure the scene. If anyone is injured, give first aid and call an ambulance. If necessary. Take photographs of the accident scene.

2. The police number is 110. Call the police to record the accident, especially if the cause of the accident is not entirely clear and there are no witnesses. Also if the parties involved are foreign nationals or the accident was caused by a vehicle with a foreign registration plate.

3. While waiting for the police, make sure you secure evidence: for example, photograph the scene, the damage to both vehicles, the final position of the vehicles immediately after the accident and the skid marks, and note down the personal details of witnesses and of the party at fault / the driver, as well as the registration numbers of the vehicles involved.

4. After an accident you must fulfil the duties under § 34 StVO: stop, secure the scene, help the injured and make it possible to identify the parties and vehicles involved. The right not to comment on possible fault does not cancel the duties to identify yourself and record the incident.

5. Do not jump to conclusions about fault and do not sign statements you do not understand. At the same time, fulfil your duties as a party to the accident and comply with lawful requests to establish the circumstances. Questions about your position in the case and insurance cover can be discussed with a lawyer and the insurer; consulting a lawyer is not a universal condition for any payout.

6. If the other party or the injured person is absent, § 34 StVO requires you to wait for a reasonable time given the circumstances and then to ensure without delay that the details can be established. A note on the windscreen or a universal “20-60 minutes” cannot be considered sufficient for every situation. If necessary, report the details to the nearest police station in the prescribed manner.

Behaviour after the accident:

7. To assess the damage, an independent expert appraisal can be discussed. Whether it is needed and whether its cost is reimbursed depends on the circumstances; the 750 euro threshold from the old article is not used as a universal rule currently in force.

8. Under § 249 BGB, when compensating damage to property, VAT is included only to the extent that it was actually incurred. The procedure for assessment and repair should be agreed for the specific case.

9. A road traffic lawyer can help you assess your claims and handle communication with the insurer. Payment of the lawyer's fees and court costs depends on the grounds of the claim and the insurance cover, not merely on holding any policy. The author's account of a payout after consulting a lawyer does not guarantee the same result in another case.

Very important!

In a dispute about liability or compensation, you can discuss the documents with a road traffic lawyer. A general article and someone else's experience do not determine the outcome of your case.

I hope you will never need this information on the roads in Germany. Be careful when you drive a car home from Germany.

All the best.

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