Representation in road traffic law
After a road traffic accident, besides the shock, there are often numerous questions to resolve – from repairs to compensation for pain and suffering. We assert your claims against the other party's liability insurer or defend against unjustified demands. We also assist you in proceedings concerning traffic fines.
The key points at a glance
Liability after an accident
The keeper of a motor vehicle is, in principle, liable for damage arising from the operation of the vehicle even without fault (§ 7 StVG). The injured party can assert their claims directly against the motor liability insurer of the other party. If both parties contributed to causing the accident, the damage is apportioned according to their respective shares.
Recoverable losses
Recoverable losses include, in particular, repair costs or replacement costs, any reduction in market value, hire car costs or compensation for loss of use, and the costs of an expert's report, unless the damage is minor. If you were not at fault in the accident, the costs of legal representation are generally also part of the recoverable loss.
Personal injury
In the case of injuries, compensation for pain and suffering, reimbursement of medical treatment costs, loss of earnings and loss of capacity to run the household may be claimed. The amount of compensation for pain and suffering depends on the nature, severity and duration of the injuries.
Fine and criminal proceedings
Regulatory offences such as speeding or running a red light can result in a fine, penalty points and a driving ban. Inspecting the case file makes it possible to check whether the allegation is correct and whether the proceedings have been conducted properly.
How we proceed
We record how the accident happened, review photographs, witness statements and police reports and, where necessary, apply to inspect the case file.
We compile all items of loss, commission an independent expert report where appropriate and notify the insurer of the claims.
We handle correspondence with the insurer, examine any deductions and, where necessary, pursue outstanding claims in court.
Frequently asked questions
Do I have to accept the report commissioned by the other party's insurer?
No. As the injured party, you are generally entitled to instruct an independent expert of your own choice. If the other party is liable, the expert's fees are usually reimbursable, except where the damage is minor.
How long do I have to assert my claims?
Claims arising from a road traffic accident are generally subject to a three-year limitation period, starting at the end of the year in which the accident occurred and the injured party became aware of the damage and of the person responsible. Asserting claims promptly, however, makes it easier to provide evidence.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich