Rights and claims after serious traffic accidents (2024)

Contact police victim protection, seek legal advice, inform insurance companies.....and what else I need to think about!

I need to take care of rehabilitation measures early on!

In the event of serious personal injury, many motor vehicle liability insurers offer support for the victim's treatment and healing process through a rehabilitation service. The German Insurance Association (GDV) has set up the Rehab Information Network for this purpose. If you do not know which insurance company is responsible for settling claims after an accident and therefore also for rehabilitation management, you can find out from the Zentralruf der Autoversicherer (Central call of the car insurers). The contact points of the participating companies offer comprehensive rehabilitation advice. The financing of sensible rehabilitation measures by the insurer is also clarified. The aim of the initiative is to avoid the so-called "rehabilitation gap". Seriously injured people should receive optimal rehabilitation therapy right from the start after an accident. Rehabilitation measures after hospital discharge rarely follow on directly from the care received in hospital. This "rehabilitation gap" makes it difficult for accident victims to quickly return to their normal everyday life and work. With a bundle of medical, rehabilitation and social therapy measures, insurers improve the chances of seriously injured people to successfully reintegrate into everyday life and work.

Gesamtverband der Deutschen Versicherungswirtschaft (GDV)
German Insurance Association

Telefon: 030-2020-5000

E-Mail: berlin [at] gdv.de (berlin[at]gdv[dot]de)

If it becomes apparent that permanent consequences will occur as a result of the accident injury, the involvement of a rehabilitation service should be agreed promptly with the liability insurance company of the person responsible for the accident. Involvement does not diminish the claims, but ensures that a care, aids and living environment concept is drawn up in addition to optimal rehabilitation. The rehabilitation service also accompanies the educational or professional development and commissions care and support assessments. Further information can be found on the website of the Federal Ministry of Health.

Federal Ministry of Health

I have to take care of the reimbursem*nt of my costs incurred!

In addition to experts' and lawyers' fees, the following costs can be reimbursed by the motor vehicle liability insurance of the person responsible for the accident:

  • Death: funeral costs, maintenance claims, household costs
  • Injuries: Medical expenses, loss of earnings, compensation for pain and suffering
  • Vehicle damage: expert, repair costs, reduction in value, loss of use or rental car costs, accident-related expenses (via lump sums), towing costs

Duty to pay compensation for children

Affected parties in road accidents who have not yet reached the age of ten are always entitled to compensation. This also applies if the accident was unavoidable for the motorized other party involved. A child injured in a traffic accident caused by the father or mother is compensated via the motor vehicle liability insurance.

Since the law on the introduction of an entitlement to survivors' benefits came into force on 22.07.2017 (Federal Law Gazette I p. 2421), accident perpetrators or insurance companies liable to pay compensation have been entitled to claim compensation from their relatives, friends and family. Insurance companies liable for compensation must pay relatives who were in a special personal relationship with a deceased person at the time of the injury appropriate financial compensation for the emotional suffering inflicted on them as surviving dependants.

What other rights and claims do I need to think about? What can I claim?

For example: Home nursing care and home help

Federal Ministry of Health Home help

Consumer advice center Home help

For example: Sickness benefit

Bundesgesundheitsministerium Krankengeld
(Federal Ministry of Health Sickness benefit)

For entitlements to social benefits (e.g. care), the German Social Security Code (SGB) must also be observed.

And I should think about that too!

Search the social-medical service in hospitals at an early stage. As part of holistic care, this takes on the task of psychosocial counseling as well as a central function before and after discharge from hospital. If particular problems or questions arise as a result of illness and hospitalization, you or your relatives can contact the social service. The social-medical service in the hospitals supports you in

  • the further care after hospitalization in case of necessary outpatient care, need for home care or need for aids
  • the application for a degree of care, in case of need for care
  • a subsequently necessary medical rehabilitation
  • the application for financial entitlements, financial entitlements required for discharge
  • the clarification of social law matters (severely disabled person's pass, setting up care)
  • the arrangement of outpatient and inpatient assistance such as nursing services, palliative care/outpatient hospice services, home help/meals on wheels, medical aids (stair lifts, wheelchair systems, etc.), day care and much more.etc.), day care or short-term care places or admission to a home.

If necessary, contact a contact point for

  • information on support and care
  • aids and products
  • system solutions for care at home
  • care and residential facilities

at an early stage.

Care advice portals offer you solutions for a barrier-free home and bathroom, different stairlift systems and advice on where you can receive financial support for your conversion measures.

The following contacts and addresses may be of interest to you in the current situation

The Verkehrsunfall-Opferhilfe-Deutschland e.V. (VOD) association is a collaboration between the cooperation partners of Verkehrsunfall-Opferhilfe Deutschland e.V. and the NRW police. The VOD is the German umbrella organization for traffic accident victim assistance institutions. Its members include the Deutsche Interessengemeinschaft für Verkehrsunfallopfer e.V. (DIVO), subvenio e.V., Hilfefinder.de (Helpfinder), the Institut für psychologische Unfallnachsorge (ipu) (Institute for psychological accident aftercare) and many more. It is based at the German Police University (DHPol). The VOD can provide you with contact points for individual advice or processing of your case from its VOD member organizations.

Verkehrsunfall-Opferhilfe-Deutschland e. V. (VOD)
Traffic Accident Victim Assistance Germany

Telephone: 0800 806 33 38

Email: info [at] vod-ev.org (info[at]vod-ev[dot]org)

DIVO helps its members to deal with the consequences of serious road traffic accidents and advises you on your rights as a victim or as a relative of a victim following a road traffic accident. DIVO maintains a list of experts who are not considered to be insurance-oriented. The DIVO information sheet

Deutsche Interessengemeinschaft für Verkehrsunfallopfer e. V. (DIVO)
German Interest Group for Traffic Accident Victims

Phone: 02421/123212

Email: info [at] divo.de (info[at]divo[dot]de)

Unabhängige Patientenberatung Deutschland (UPD)
Independent Patient Advisory Service Germany

The UPD informs and advises consumers and patients on health and health law issues in a quality-assured manner and free of charge. The aim is to strengthen patient orientation in the healthcare system and to identify problems in the healthcare system. The UPD supports those seeking advice by providing health and health law knowledge based on neutral and quality-assured sources.

Telephone: 0800/011 77 22 (toll-free)

Internet forum for accident victims

While you are in hospital, find out about contacts with people who have suffered the same fate. Talking to other sufferers in a "community" can provide you with helpful and practical recommendations. Hospitals often keep contact lists of people who have been injured in road traffic accidents and can help you to arrange a personal exchange.

The Internet forum for accident victims, the largest community for accident victims in the German-speaking world, offers you useful tips and helpful advice on accident problems of all kinds 365 days a year.

Unfallopfer-Hilfswerk
Accident victim relief organization

Telephone: 030-88679902

0800-8632556 (toll-free)

Email: info [at] unfallopfer-hilfswerk.de (info[at]unfallopfer-hilfswerk[dot]de)

Rights and claims after serious traffic accidents (2024)

FAQs

How do you answer insurance claim questions? ›

Think deeply about the exact question the agent asked, and only provide that specific information. Never admit to fault. Never admit to even being partially at fault. Never admit that you are uninjured.

How do I argue an auto insurance claim? ›

Submit a Claims Appeal Letter to the Insurance Company

This letter should explain why you believe the claim was incorrectly denied and include evidence to prove your argument. Evidence you should send with the appeals letter includes photos, videos, medical records, and witness testimony.

What if my insurance company is blaming me for an accident? ›

If this happens, be prepared to fight for your innocence. This may involve going to court or working with your insurance company to dispute any claims against you. A car accident attorney can be invaluable in this situation and may be able to find key evidence that invalidates any claims against you.

Does insurance pay out if it's your fault? ›

If it's decided that you're at fault for the accident, you would need to have a comprehensive car insurance policy to claim compensation.

How do I disagree with an insurance claim? ›

  1. Step 1: Contact your insurance agent or company again. Before you contact your insurance agent or home insurance company to dispute a claim, you should review the claim you initially filed. ...
  2. Step 2: Consider an independent appraisal. ...
  3. Step 3: File a complaint and hire an attorney.
Jun 4, 2024

What are 3 important tips on filing an auto insurance claim? ›

Important Tips
  • Read your policy. ...
  • If you don't understand your policy, ask your agent and/or company for clarification.
  • If you have an accident, call the police. ...
  • Get as much information as possible at the accident scene to furnish to your agent and/or insurance company.

How do I argue with my insurance adjuster? ›

Speak with a Car Accident Lawyer: Seek legal counsel to understand your options and potential legal action. File a Complaint: If necessary, file a complaint with the insurance company or regulatory authorities. Don't Settle for Less: Refrain from accepting a low settlement offer without proper evaluation.

What is it called when an insurance company refuses to pay a claim? ›

Bad faith insurance refers to the tactics insurance companies employ to avoid their contractual obligations to their policyholders. Examples of insurers acting in bad faith include misrepresentation of contract terms and language and nondisclosure of policy provisions, exclusions, and terms to avoid paying claims.

How do insurance companies know who is at fault? ›

The insurance adjusters might review photos or video from a variety of sources, potentially from you, the other driver, third-party witnesses, or nearby traffic cameras or surveillance footage to determine who's at fault for the collision.

How do you prove negligence in insurance? ›

Medical data, eyewitness testimony, accident reports, photographs, expert opinions, and security footage are crucial to proving negligence. This evidence builds a compelling case that someone's carelessness caused your misery. California personal injury claims are difficult, but Haffner Law can help.

What if insurance doesn't pay enough? ›

File a Lawsuit

Negotiating with the insurance company should be your first step in trying to get a larger insurance settlement. However, it may not be successful, and you should be prepared for that outcome. You may need to take your case to court if you cannot negotiate a settlement.

How to challenge insurance claim denial? ›

Steps to Appeal a Health Insurance Claim Denial
  1. Step 1: Find Out Why Your Claim Was Denied. ...
  2. Step 2: Call Your Insurance Provider. ...
  3. Step 3: Call Your Doctor's Office. ...
  4. Step 4: Collect the Right Paperwork. ...
  5. Step 5: Submit an Internal Appeal. ...
  6. Step 6: Wait For An Answer. ...
  7. Step 7: Submit an External Review. ...
  8. Review Your Plan Coverage.

How much does insurance increase after a claim? ›

That said, you'll usually be looking at an increase of 20%-50%. Unless it's protected, you should also expect to lose any no-claims discount you've built up. Even if it's protected you could still see your premiums rise – this is because a no-claims discount is a reduction from a baseline car insurance premium.

What do you say when making an insurance claim? ›

When you file a claim, you'll be asked to provide some basic details, such as where and when the accident or incident took place, contact information for everyone involved and a description of what happened. You might also be asked to give an estimated cost of the damage from the accident—if you have that available.

How do you explain an insurance claim? ›

An insurance claim is a formal request from the policyholder to their insurance company asking for payment after a covered incident, such as a hospital stay, a natural disaster, theft, and more.

Why do you want to be a claims adjuster answer? ›

Answer: 2. I pursued a career as a Claims Adjuster because I enjoy problem-solving, helping people, and working in a dynamic environment. The most rewarding aspect of my role is helping claimants navigate difficult situations and ensuring they receive a fair settlement in a timely manner.

What is insurance best answer? ›

Insurance is a contract, represented by a policy, in which a policyholder receives financial protection or reimbursem*nt against losses from an insurance company.

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