A CAR ACCIDENT – AND NOW?
A car accident – an unpleasant experience, after which you also have so much to think about. This article is not only about the upcoming repair of the vehicle after an accident. Here you can find out what you should consider when communicating and settling claims with the insurance company. Among other things, you will receive valuable tips regarding the possibilities of reimbursement of costs. Following the article, you will find a list of answers to the most frequently asked questions, including links to other pages with the corresponding subject-specific content.
WHAT TO LOOK OUT FOR AFTER AN ACCIDENT
Actually, every driver knows what to do if you have been involved in a car accident. But then the case actually occurs and often there is a certain perplexity. Do I have to call the police in any case? When do I have to inform my insurance company? What do I have to pay attention to as an injured party? What do I have to do as the person who caused the accident? What about a motor vehicle expert? Do I need one? Does the insurance company need an accurate accident report?
These and similar questions arise after an accident. In the following article, you will learn more about your rights and obligations in the event of an accident and what you should pay attention to in the event of damage.
WHEN THE POLICE ARE NEEDED
The police only record a protocol in the case of personal injury and major property damage. If you are unsure whether your accident damage already falls under 'major property damage' or if there are disagreements with the other party in the accident, call the police if in doubt. The officers will then decide on the spot whether or not to record a protocol on the course of the accident.
THE CONTACT DETAILS OF THOSE INVOLVED IN THE ACCIDENT ARE IMPORTANT
In any case, you should make sure that you receive the personal details of all those involved in the accident. If there are witnesses, ask for their contact details as well.
PHOTOS AND NOTES FOR THE ACCIDENT REPORT
Take notes on the course of the accident before you forget details. These records are later included in the accident report for the insurance company. Also record the car registration number of the second vehicle involved. Photograph the vehicles, preferably with the immediate surroundings and from all angles, so that you can provide the best possible evidence of the course of the accident. This is particularly important if the question of guilt has not been clearly clarified.
SEVEN-DAY DEADLINE FOR REPORTING A CLAIM TO THE INSURANCE COMPANY
AS AN INJURED PARTY, YOU SHOULD CONTACT THE OPPOSING INSURANCE CARRIER
If you are the injured party, you will need the contact details of the insurance company of the person who caused the accident. It is best to report the accident there without much delay. The deadline for reporting a claim is usually seven days. To be on the safe side, find out more or report the accident to the responsible insurance carrier immediately. The sooner you submit the accident report, the faster the insurance company will react. This report also includes the aforementioned accident report with a description of the course of the accident. If you want to be on the safe side, report the accident to your insurance company as well.
IF YOU ARE THE CAUSE OF THE ACCIDENT, CONTACT YOUR CAR INSURER
If you are the cause of the accident, you must inform your car insurance company comprehensively. Again, the sooner the better. In addition, the seven-day period also applies in this case.
AN INDEPENDENT EXPERT TO DETERMINE THE AMOUNT OF DAMAGE
If you are the injured party, the opposing insurance company requires the amount of damage to be determined by a specialist. The insurance carrier will then be happy to send an expert. However, please attach great importance to the independence of the expert so that you do not run the risk of being taken advantage of by the insurance company. Especially if the damage is over 800 euros.
The costs for the expert are covered by the insurance of the person who caused the accident. If you caused the accident, your insurance company must pay the expert. If it is a minor damage of up to 800 euros, you can also have a car repair shop of your choice provide you with a cost estimate for the repair, including photos.
COSTS FOR ACCIDENT REPAIR ARE COVERED BY THE INSURANCE COMPANY OF THE PERSON WHO CAUSED THE ACCIDENT
If the other party in the accident caused the damage, his insurance will cover the costs of repairing your vehicle.
ASSUMPTION OF COSTS FOR THE TEST DRIVE AFTER THE REPAIR HAS BEEN CARRIED OUT
However, it happens from time to time that insurance carriers do not cover the costs of the test drive carried out after a repair. The reason for this in such a case is that test drives are part of the overhead costs because a test drive is due after each repair. Workshops argue that a test drive is not necessarily necessary after every repair and that this must therefore be shown separately on the invoice. For example, after removing a simple dent in the sheet metal, no test drive is necessary. Since the legal basis is not clear, it may well be that you, as the injured party, have to pay the costs for the test drive after the repair.
WHAT IS MEANT BY ACCIDENT REPAIR?
Accident repair includes all necessary measures to restore a vehicle to its pre-accident condition. The body of a vehicle is either self-supporting, non-self-supporting, or it is a skeleton body. The different types of body have an impact on the repair process.
The non-self-supporting construction method is nowadays only found in off-road vehicles and trucks. A repair is quite possible at a relatively low cost. The repair of a self-supporting body, on the other hand, is much more complex. A skeleton body consists of closed hollow sections with nodes and stability sensors. In the case of accident repairs, the entire basic framework must therefore be taken into account.
If load-bearing parts of the body are torn or otherwise severely damaged, these parts must always be replaced by new ones. In the case of sheet metal damage, on the other hand, appropriate tools, such as a straightening hammer and a hand block, are often used to try to bring the sheet metal back into shape. However, if a part is too badly damaged, replacement is also necessary in this case.
WHEN YOU CAN HAVE YOUR CAR REPAIRED
It is advisable to arrange the repairs only after an expert has inspected the car or a corresponding cost estimate from a workshop is available and the insurance carrier has officially signalled that it will cover the costs. If you want to be absolutely sure, have a repair cost assumption declaration issued by the opposing insurance company before the repair.
WRITE-OFF
WHEN AN ECONOMIC TOTAL LOSS EXISTS
However, if the costs for the repair exceed the replacement value of the car, it is an economic total loss. In this case, you will receive a sum from the insurance company that only corresponds to the replacement costs for your car. This amount is calculated from the replacement value (value of the car immediately before the accident) minus the residual value (value of the vehicle immediately after the accident).
WHAT A TECHNICAL TOTAL LOSS LOOKS LIKE
This also applies in the event of a technical total loss. This occurs when the damage is so extensive that repair is no longer possible from a professional point of view.
WHEN A FICTITIOUS FALSE TOTAL LOSS IS SPOKEN OF
The following three conditions must be met for a fictitious false total loss to exist: The repair costs are less than the replacement value of the car. Nevertheless, the owner does not want to have his vehicle repaired. Instead, he would prefer to settle on the basis of the total loss (replacement value minus residual value).
For this type of settlement, the sum of the repair costs and the restoration costs must be higher than the replacement costs (replacement value minus residual value). The insurance carrier can choose the alternative with the lowest costs.
IF YOU DEFINITELY WANT TO HAVE YOUR VEHICLE REPAIRED
If the repair costs exceed the replacement value of your car by a maximum of 30%, you can still have it repaired on the basis of the appraisal. The costs are then also covered by the opposing insurance carrier. However, you must then prove that you will continue to drive the vehicle for at least six months afterwards.
FREE CHOICE OF WORKSHOP
Which workshop you ultimately choose is entirely up to you. So you decide whether your vehicle will be repaired in a brand-name workshop, in an independent workshop or at a petrol station.
However, there is a lot to be said for having your car repaired in the workshop that has already prepared the cost estimate.
HAVE ACCIDENT DAMAGE PAID OUT – POSSIBILITY OF FICTITIOUS SETTLEMENT
FICTITIOUS BILLING WITHOUT REPAIR
It is also up to you whether your car is repaired at all. If you decide not to have a repair, you can settle the damage incurred on the basis of the expert report or the cost estimate. In this so-called fictitious settlement, you will be reimbursed for the net repair costs by the opposing insurance company.
FICTITIOUS BILLING WITH REPAIR
The same applies if you do not commission a brand-name workshop, but an independent or a petrol station to repair the vehicle. If your car is less than three years old and also has a checkbook, you will also receive the hourly rates of an authorised workshop in the case of a fictitious invoice.
HAVE ACCIDENT DAMAGE PAID OUT – POSSIBILITY OF FICTITIOUS SETTLEMENT
FICTITIOUS BILLING WITHOUT REPAIR
It is also up to you whether your car is repaired at all. If you decide not to have a repair, you can settle the damage incurred on the basis of the expert report or the cost estimate. In this so-called fictitious settlement, you will be reimbursed for the net repair costs by the opposing insurance company.
FICTITIOUS BILLING WITH REPAIR
The same applies if you do not commission a brand-name workshop, but an independent or a petrol station to repair the vehicle. If your car is less than three years old and also has a checkbook, you will also receive the hourly rates of an authorised workshop in the case of a fictitious invoice.
THE AMOUNT OF THE FICTITIOUS SETTLEMENT IS LIMITED
However, the amount of such a fictitious settlement is limited. The upper limit is set at the replacement cost (replacement value minus the residual value) of the vehicle. This means that paying out the accident damage is actually only worthwhile if the damage to the car is minor.
IF YOU WANT TO REPAIR YOUR CAR YOURSELF, YOU SHOULD CONSIDER THE FOLLOWING:
Now there are many mechatronics engineers and hobby mechanics who want to repair their vehicles themselves. It should be said that courts have ruled that an accident victim may not enrich himself from an accident. For this reason, there is the already mentioned upper limit for a fictitious billing. In addition, there may be a court case if there is a suspicion that a car is being repaired illegally.
PAYMENT OF THE DAMAGE AMOUNT FROM ONE'S OWN INSURANCE ONLY POSSIBLE TO A LIMITED EXTENT
In the case of liability damage, the insurance carriers usually pay. In the event of a hull claim, you should check your insurance documents for the exact agreements.
If you want to pay out the amount of damage from your insurance company, you should keep in mind that your own insurance company usually does not accept an external expert, but insists on an in-house expert. Then the question arises as to whether a payout really makes sense, as the in-house expert generally tends to estimate a less high sum.
DEPRECIATION – ADDITIONAL COMPENSATION BY THE OPPOSING INSURANCE COMPANY
If your car has suffered significant damage, so that its resale value has fallen considerably, you may have the chance to receive an additional so-called depreciation. The prerequisites for this are that the appraiser has determined this depreciation, that your vehicle is less than five years old and that it has driven a maximum of 100,000 km.
ENTITLEMENT TO A RENTAL CAR
For the time that your car is not ready for use, you are entitled to a replacement car. Secure this claim by means of a declaration of assumption of costs by the opposing insurance company. To do this, obtain three rental offers, which you can present to the insurance company if necessary.
ADDITIONAL COSTS
If additional costs, such as towing costs or parking fees, are incurred, you can claim them from the insurance company of the person who caused the accident. If a lawyer becomes necessary in the course of determining the question of guilt and settling costs, the insurance company of the person who caused the accident must ultimately cover the costs of the lawyer.
CLAIM FOR LOSS OF USE
Under certain circumstances, you may also be entitled to a loss of use. This circumstance exists if you are dependent on your car, but it is no longer roadworthy after the accident and you have not used a rental car. The amount of loss of use depends on the type of vehicle. In addition, you must have your car repaired in any case.
PAYMENT DATES OF INSURANCE POLICIES AND ASSIGNMENT OF SECURITY
Comprehensive and partially comprehensive damage are usually paid by the responsible insurance company within two to four weeks of determining the amount of damage. To ensure that you do not have to pay in advance to have your vehicle repaired, some workshops offer the option of a security assignment.
This means that the workshop takes care of the complete communication and claims settlement with the insurance companies for you. This means that you do not have to pay any repair costs that are only reimbursed later by the insurance carrier. Liability insurance companies usually pay four to six weeks after receipt of the claim.
LIABILITY AND COMPREHENSIVE INSURANCE
In contrast to motor vehicle liability insurance, comprehensive insurance is not required by law. However, it offers additional protection.
PARTIAL COMPREHENSIVE INSURANCE WITH EXCESS
With partial comprehensive insurance, you as the vehicle owner undertake to pay a deductible in the event of damage. Depending on the agreement, this usually ranges between 100 and 500 euros. Only if the repair costs exceed this sum does the insurance cover the costs. Theft, glass breakage, damage caused by game and fire are covered by partial casco. In most cases, the current value of the vehicle is replaced.
FULLY COMPREHENSIVE INSURANCE WITH DECREASING NO-CLAIMS DISCOUNT
If fully comprehensive insurance is available, the insurance carrier also covers the vehicle owner's own fault. Within the first six months after the first registration, compensation is usually paid in the amount of the new price, from then on the current value is refunded.
The no-claims discount only applies to fully comprehensive insurance. For a new car, it is therefore advisable to have fully comprehensive cover for the first three to five years, depending on the loss of value in these years. However, since partial comprehensive insurance only replaces the current value, it is not recommended for very old cars because their value becomes too low over time.
NO-CLAIMS CLASSES (SF)
As an insured person, you are assigned to a no-claims class for your car insurance. This assignment is based on the number of years in which you were accident-free. So the longer you drive accident-free, the higher your no-claims class and the higher your no-claims discount. The upgrade of the no-claims class is virtually the reward to policyholders for another accident-free year.
DOWNGRADING IN THE EVENT OF AN ACCIDENT
In the event of an accident, your insurance company will lower you down one or more notches. The gradation depends, among other things, on the type of accident and the question of guilt, whereby the individual insurance carriers can use individual assessment standards as a basis.
NO-CLAIMS CLASSES IN THE EVENT OF A SHORT INTERRUPTION OF THE CONTRACT
If, for whatever reason, you do not need car insurance for six months, your no-claims class will still remain in place and will be included in the follow-up insurance. If the interruption lasts up to 12 months, the previous no-claims class will also be adopted. However, the subsequent upgrade to other classes will be delayed by the period of interruption.
CLASSIFICATION OF THE NO-CLAIMS CLASS AFTER CONTRACT INTERRUPTION OF UP TO SEVEN YEARS
In the case of an interruption of up to seven years, the various insurance carriers have made different arrangements. These range from taking over the old no-claims class according to the 1-year rule to the annual downgrading of the class. Therefore, it is advisable to find out exactly about this before taking out a new insurance policy.
DURATION OF SUBSEQUENT LIABILITY AFTER TERMINATION OF THE INSURANCE RELATIONSHIP
By the way, did you know that there is a so-called subsequent liability after the termination of liability insurance? This is usually one month. If necessary, check your insurance documents as a precaution. If, therefore, after deregistering your car insurance and deregistering your vehicle with the registration office within four weeks, costs arise that would normally be covered by your car insurance company, due to whatever circumstance, this will still occur when the costs are covered in this 1-month period. However, the assumption of costs is then within the range of the legally prescribed minimum sums insured.
MOTOR VEHICLE PROTECTION
WHAT IS A MOTOR VEHICLE PROTECTION LETTER?
A motor vehicle protection letter is an additional benefit of a car insurance policy. Automobile clubs also offer this service. In the event of accidents, breakdowns and theft, this cover letter provides additional protection. This includes the assumption of costs for a towing service, ambulance repatriation, for an overnight stay or for a rental car. You can also use the services in other European countries. If you simply add the cover letter to your car insurance, it usually won't cost you much more.
THE BENEFITS OF A MOTOR VEHICLE COVER
- Breakdown service: In the event of a breakdown, up to 100 euros will be covered for an on-site repair.
- Breakdown service: The costs for transport to the nearest workshop are usually reimbursed to you in the amount of up to 200 euros.
- Salvage: If your vehicle has ended up in a ditch, your car will be recovered.
- Onward or home journey: You have the option of continuing your journey by rental car, by train or by plane (if the one-way distance is more than 1200 kilometres by train). The same applies to the return trip to your vehicle, which has been repaired in the meantime. The cost of a rental car is usually covered in the amount of up to 350 euros. As soon as your own car is ready to drive, this claim expires.
- Vehicle repatriation: If it is not possible to repair your vehicle on site within three working days, it will be transported to a workshop of your choice at your place of residence. In the event of a total loss, this option does not exist.
- Shipping of spare parts abroad: If the necessary spare part is not available abroad, the insurance company will take care of the procurement and shipping of the required spare part.
- Replacement drivers: If an illness lasts longer than three days and makes it impossible for you to continue driving and no passenger with a valid driver's license is present, you will be provided with a replacement driver.
- Placement costs: If your car has to be parked, the insurance company will cover the costs for a maximum of two weeks.
- Accommodation costs: Accommodation costs will be covered for up to three nights if your car is being repaired. The refund is usually 60 euros per person per night.
- Vehicle theft: In the event of vehicle theft, you will be reimbursed for the cost of a rental car in the amount of up to 350 euros. If your stolen vehicle is found, it will be transported back to your home.
- Vehicle scrapping or vehicle customs clearance: If your car has to be either scrapped or cleared through customs after an accident or theft abroad, these costs are covered by the cover letter.
- Repatriation: If you have become seriously ill or seriously injured in an accident while on holiday, you can also be transported by plane to a hospital in your home town in an emergency. The type of return transport and the timing must always be medically arranged and be reasonable and justifiable.
- Shipping of replacement keys: If your car keys have been stolen or are locked in the car, the insurance company will ensure that you receive a replacement key. The costs for shipping are covered, but not for the new key itself. The same applies if the car key has broken.
JÜRS – THE COLLISION SPECIALIST: ACCIDENT REPAIR AND FULL SERVICE PROVIDER
We at Jürs – The Collision Specialist (Link to the homepage, Title: Wir von Jürs – Der Collisionsspezialist) are not only absolute professionals in the field of accident repair, we are also a full service provider. Our range of services includes complete communication and cost processing with the insurance companies. In addition, we offer you a rent-free replacement car in the event of hull or partial casco damage. Furthermore, a pick-up, delivery and towing service within a radius of 100 km is one of our services.
In our state-of-the-art body department, we can carry out all the necessary accident repair work. You can find out more about this here. If you have any further questions on this topic or if your vehicle is currently undergoing an accident repair, then call us on 0451 – 89 22 18. Or use the contact form below and we will get back to you within 24 hours. We will be happy to advise you and also provide you with a non-binding cost estimate.
Perhaps you would like to read on at this point to get more general answers on the subject of accidents and repairs. In the following, we have therefore listed the answers to the most frequently asked questions for you.