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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.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Assert your claim

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

  1. 1

    1. Document the accident

    Photos of final positions, damage, skid marks, and traffic signs; note witnesses and their contact details.

  2. 2

    2. Reconstruct the course of events

    Describe the sequence understandably. Who had right of way, who was too fast, who was inattentive?

  3. 3

    3. Check the ratio

    Question the ratio set by the insurer. In case of dispute, an expert report helps with the reconstruction.

  4. 4

    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.