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Car accident that was not your fault: your rights toward the insurer

You were involved in a traffic accident that was not your fault? Then the liability insurer of the party who caused the accident must compensate your damage, and you have more rights than many people think. Do not let the other side's insurer shortchange you.

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

In an accident that was not your fault, the other party's motor liability insurer bears your damage: repair or replacement value, diminished value, loss of use/rental car, towing and expert costs, as well as compensation for pain and suffering in the event of injuries.
You may commission your own expert report (above a minor-damage threshold) and freely choose the repair shop. Where liability is clear, the other party's insurer also bears your lawyer's costs.

What you should do now

  1. 1

    1. Document the accident

    Photos of the vehicles, damage, position and surroundings; details of the other party and witnesses; call the police if needed.

  2. 2

    2. Have the damage assessed

    For more than minor damage, have your own expert report prepared; you do not have to rely on the insurer's inspection service.

  3. 3

    3. File your claims

    Report the damage to the other party's liability insurer and quantify all items (repair/replacement, diminished value, loss of use/rental car, expenses).

  4. 4

    4. Bring in a lawyer

    Where liability is clear, the other side bears your lawyer's costs; a lawyer makes sure nothing is cut.

Frequently asked questions

Do I have to accept the expert report from the other party's insurer?

No. For damage that is not merely minor, you have the right to have your own independent expert report prepared; in an accident that was not your fault, the other party's insurer bears the costs. You do not have to rely on their inspection service.

Who pays for my lawyer after an accident that was not my fault?

Where the other party's liability is clear, the costs of a lawyer are part of the recoverable damage, so the other party's liability insurer bears them. Legal help is therefore usually possible without your own cost risk.

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.