What steps are necessary to claim damages in a traffic accident?
July 14, 2023 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
I am contacting you because I was recently involved in a traffic accident and now want to claim damages. The situation was as follows: I was on my way to work when suddenly another driver ran a red light and hit me from the side. My car was significantly damaged and I also suffered minor injuries. Although the other driver admitted fault, his insurance company refuses to cover the damages.
My concern now is that I will be left with the costs for repairing my car and my medical bills. I would like to know what steps I need to take to claim damages in a traffic accident. What deadlines do I need to be aware of and what documents are required to make my claims? Is there also a possibility to claim for pain and suffering?
I would greatly appreciate any information and advice and hope that you can help me enforce my rights in this situation.
Sincerely,
Wilhelm Dietrich
Dear Mr. Dietrich,
Thank you for your inquiry and your trust in my expertise as a lawyer in the field of civil law. I am sorry to hear that you were involved in a traffic accident, but I will do my best to assist you in this matter.
First and foremost, it is important to know that as a victim of a traffic accident, you generally have the right to claim damages. This means that the opposing insurance company is obligated to compensate you for the incurred damage. In your case, where the other party has already admitted fault, the chances of success for your damages claims are usually very high.
To assert your claims, you should first gather all relevant information about the accident. This includes the accident report, photos of the accident scene and the damaged vehicles, medical reports on your injuries, as well as cost estimates for the repair of your car. These documents are needed to document the incurred damage and prove it to the insurance company.
Furthermore, you should immediately contact your own insurance company and report the accident. They will usually assist you in handling the claim. You also have the option to consult an appraiser who will assess the damage to your car and create a valuation report.
Regarding possible deadlines that you must adhere to, it is important to know that you generally have three years to assert your damages claims. However, it is advisable to do so as early as possible to avoid delays.
As for compensation for pain and suffering, as a victim of a traffic accident, you generally also have the right to claim compensation if you were injured in the accident. The amount of compensation depends on various factors, such as the severity of your injuries and the resulting impairments.
I hope this information is helpful to you and I am available for further questions. Please do not hesitate to contact me if you need additional assistance.
Sincerely,
Hans Krüger
