An accident: who is liable and by what share? Understanding the liability ratio

Not every accident is clear-cut. Often both sides bear part of the responsibility, then the damage is distributed according to a liability ratio (e.g. 70:30). The specific fault and the general operating risk of each vehicle play a role.

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Your chances of getting your money back

With participation by both sides, the damage is distributed according to shares of causation and fault (§ 17 StVG). Even without specific fault, a vehicle's operating risk can lead to co-liability.

The ratio offered by the opposing insurer is only an offer. If your lesser fault can be proven (witnesses, traces, an expert report), you can enforce a higher reimbursement.

What you should do now

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1. Document the accident
Photos of final positions, damage, skid marks, and traffic signs; note witnesses and their contact details.
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2. Reconstruct the course of events
Describe the sequence understandably. Who had right of way, who was too fast, who was inattentive?
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3. Check the ratio
Question the ratio set by the insurer. In case of dispute, an expert report helps with the reconstruction.
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4. Enforce the claim
Assert your share in writing. For higher damages or disputed fault, legal help is worthwhile; traffic legal protection helps.

How to spot the scam

The opposing insurer offers only a low ratio without justification.
There are no witnesses and the course of events is disputed.
A flat 50:50 split is pushed on you.

Frequently asked questions

What is a liability ratio?

The proportional distribution of the damage when both parties to the accident contributed to it (e.g. 70:30). Decisive are the respective shares of causation and fault as well as the operating risk (§ 17 StVG).

What does operating risk mean?

The general danger that emanates from a motor vehicle. It can lead to co-liability even without specific fault, for example with a share of 20-30 %, if no additional fault can be proven against the keeper.

Do I have to accept the offered ratio?

No. The insurer's offer is not binding. If you can prove lesser fault, you can demand a higher reimbursement. In case of dispute, an accident expert report and, if necessary, legal representation help.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.