Practice areas
Road traffic law – whoever settles the claim determines the figures.
After an accident, the opposing insurer assesses the loss first – and does so in its own interest. Reductions to replacement value, loss of use and repair costs are the rule, not the exception. Our task is to set our own assessment against that valuation.
General information. The legal assessment depends on the circumstances of each case.

Circumstances
Clarify the context
Evidence
Preserve documents
Deadlines
Explain any urgency
Approach
Discuss the next steps
Overview
Loss, sanction, driving licence
Traffic-law mandates break down into three areas that rarely occur together, but each of which has its own time limits. The first is accident settlement. Here the issue is money, and the decisive observation is unspectacular: the amount of compensation depends less on the law than on the basis of valuation. Anyone who accepts the opposing insurer’s expert report accepts that insurer’s figures. In accidents for which you are not at fault there is as a rule a claim to your own expert report – and to the opposing insurer bearing the costs, just as it bears the costs of legal representation.
Typical reduction items are well known: referral to cheaper repair options instead of the workshop of your choice, deductions on spare parts, disputes over loss of use and hire-car class, non-recognition of diminution in value, blanket rejection of damages for pain and suffering in the case of lighter injuries. Each of these points is to be reviewed individually, because they add up. In a notional settlement – that is, payout on the basis of the expert report without repair – separate rules moreover apply, which are frequently overlooked.

The second area is fine and administrative-offence proceedings. The time limit for objecting to a fine notice is two weeks and cannot be extended. Deciding within that time limit presupposes access to the file – in particular to the measurement record, the calibration certificate and the training certificate of the measuring personnel. Without these documents an assessment is not possible, and an objection “on suspicion” is rarely sensible, because it can also lead to a higher sanction.
The third area concerns the driving licence, and that is where the economically heaviest consequences lie. A driving ban, withdrawal, points standing and orders for assessment intervene directly in occupation and everyday life. Here the structuring of the proceedings is often more important than the factual question – for example on whether a driving ban can be averted against an increase in the fine, or whether conditions in the administrative proceedings are open to challenge.
Typical matters
- Accident settlement after a traffic accident for which you are not at fault
- Dispute with insurers over reductions
- Loss of use, diminution in value and damages for pain and suffering
- Objection to fine notices, access to the file
- Driving ban, withdrawal of the driving licence and conditions
- Accidents with a foreign element and foreign insurers
Frequently asked questions
What those involved ask after an accident
The answers set out the framework. What applies in your case depends on the course of the accident, the expert report and the state of the file.
Risks
Where money is lost after an accident
The following points come up regularly. They almost always arise in the first days, when those involved treat settlement as a formality.
Valuation by the other side accepted
The opposing insurer’s expert report is made the basis. The amount of compensation is thereby in practice predetermined before the law is discussed.
Possible measures: instruct your own expert report and claim reimbursement of the costs.
A premature settlement declaration
A settlement or discharge declaration is signed before late or lasting consequences are known. Further claims are thereafter regularly excluded.
Possible measures: before signing, review whether late consequences are possible, and include reservations.
Missed objection deadline
The two-week time limit against the fine notice expires. The notice becomes final, independently of whether the measurement would have been open to challenge.
Possible measures: file the objection in time and at the same time apply for access to the file.
Missing accident documentation
Final positions, damage and traces are not photographed, witnesses are not noted. Where the course of events is disputed, that works against the party bearing the burden of proof.
Possible measures: secure existing photographs and witness details and record the course of events in writing promptly.
An accident abroad underestimated
Settlement is expected on German standards, while the law of the place of the accident applies. Compensation items then come out considerably lower than assumed.
Possible measures: clarify the applicable law early and pursue claims through the claims representative.
International
Accidents with a foreign element
In an accident abroad two questions come apart: where can claims be pursued, and under which law is their amount assessed? Injured parties resident in the EU can regularly turn to the claims representative of the foreign insurer in their own state – but the assessment still follows the law of the place of the accident.
In practice that means considerable differences for damages for pain and suffering, loss of use and the reimbursement of expert and lawyers’ costs. We clarify this framework early so that expectations and negotiation strategy fit together, and in doing so we work with locally admitted professionals in the states concerned.
- Claims representative
- Makes it possible to pursue claims in one’s own state of residence against a foreign insurer.
- Law of the place of the accident
- Regularly determines the scope and amount of compensation, even if the proceedings are conducted in the state of residence.
- Compensation body
- Comes into consideration when no claims representative has been appointed or settlement is not forthcoming.
- Limitation period
- Time limits follow the applicable law and may be shorter than under German law.
Related information
Related information
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- General information. The legal assessment depends on the circumstances of each case.