The questions below offer a general framework on pecuniary and non-pecuniary damages, loss and causation, traffic accidents and insurance compensation. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Is a written application to the insurance company required after a traffic accident?
For compensation claims directed at the traffic insurer, the preliminary application and document requirements in the legislation must be checked.
The policy, the accident report, vehicle damage, medical reports and payment details determine the scope of the application. The conditions of the application to the insurer, of insurance arbitration and of the court route must be kept distinct.
How is a vehicle’s loss in value proved?
The market value before and after the accident, the nature of the damage and the repair details are assessed through a technical examination.
The appraisal report, parts replacement records, earlier damage and the vehicle’s mileage are important. Instead of a fixed formula found on the internet, a technical assessment suited to the legal framework of the dispute should be made.
Can a person injured in an accident claim loss from temporary incapacity to work?
If the conditions are met, loss of earnings and other losses related to treatment can be claimed.
Physician reports, employment records, income documents and social security payments are compared. Preventing more than one payment for the same loss and the scope of the persons liable are examined separately.
Is the limitation period in a traffic accident two years in every case?
No; the loss, the time the liable person becomes known and the special provisions applicable to the incident may change the period.
Article 109 of the Highway Traffic Law (KTK) and, where necessary, provisions linked to the criminal limitation period should be assessed. The effect of an application to the insurer on limitation and the time elapsed up to the filing date are determined according to the specific file.