The motor vehicle liability claim

In Germany, compulsory motor vehicle insurance is a legal requirement and thus a fixed component of every car insurance policy. It has the purpose to cover the claims for damages of the other parties (third parties), which have been caused to them by your vehicle in an accident. It therefore does not cover damage to your own vehicle! – Your own damage is covered by comprehensive insurance (if you have taken out such insurance).

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In the case of a motor vehicle liability claim, there may be differences between the legally entitled claims and the contractually guaranteed claims. The injured party is to be placed in the same position as if the damage had not occurred. The injured party may demand, instead of restoration of the original condition, the amount of money necessary to restore (z.B. the repair of the vehicle) would be required. This requires the involvement of an independent motor vehicle expert, who can prepare a damage assessment and thus accurately quantify your damage.

Important: In this case, the settlement is not made by the person who caused the accident.

The law provides that the motor vehicle liability insurance of the party responsible for the accident takes the place of its policyholder and compensates the damage.

All costs required to restore the original condition are added to the damage and then reimbursed. The costs of a motor vehicle appraisal are also covered by the opposing insurance company.

A whole range of claims come into question, u.a.:

  • Property damage to the vehicle
  • Impairment
  • Loss of use
  • Cost of a loaner car
  • Towing costs
  • Stand fees
  • Compensation for pain and suffering
  • Loss of earnings
  • Legal fees
  • Expert's fees

Loss control

The injured party gives the direction in the settlement of a motor vehicle liability claim, d.h. he can take over the claims management. Therefore it is important to know your rights and duties exactly.

Tort law

In the settlement motor vehicle liability damage compensation law is applied. This results in a very good coverage for accident victims in Germany compared to other countries in the EU.

Damage appraisal

In the event of damage, you can
Hire a motor vehicle expert. This counts
to your rights. The damage report is part of the damage compensation and the costs are borne by the opposing insurance company.

It is good to know that the German law of damages provides you with comprehensive rights in the event of a claim. Compared to other European countries, your claims are almost lush!

Your entitlements include, for example:

  • Towing costs
  • Reduction in value
  • Car rental costs
  • Financing costs
  • Loss of use

And also the costs for a neutral expert opinion or a lawyer who represents your interests fall under this.

By way of comparison: In many other countries, injured parties have to pay the costs of a motor vehicle expert or a lawyer themselves.

The regulating insurance company (of the other party involved in the accident) has considerably less active scope in the case of a motor vehicle liability claim.
But only if you know your rights – otherwise it quickly runs the other way around!

In summary one could say: A neutral motor vehicle expert is the first important step for a self-determined claim settlement!

Why? A neutral motor vehicle appraisal forms a good basis for optimum settlement in the claims settlement process.