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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Assert your claim →Your chances of getting your money back
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.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.