Can I get reimbursed for the legal fees from the other party?
June 17, 2023 | 60,00 EUR | answered by Alwin Hohenwarter
Dear lawyer,
I am contacting you with a question regarding the reimbursement of legal costs by the opposing party. Some time ago, I was involved in a traffic accident for which I was not at fault. Subsequently, I hired a lawyer to represent my interests and assert claims for damages.
Now, the liability insurance of the driver responsible for the accident has been found liable and has been obligated to cover the incurred costs. However, I have not yet received a reimbursement of the legal costs. These costs amount to a considerable sum, and I am concerned whether I will actually be reimbursed.
Therefore, my question to you is: Can I get the legal costs reimbursed by the opposing party and what is the best way to proceed to achieve this? Are there specific deadlines or requirements that I need to consider? I would greatly appreciate a detailed consultation on this matter, as I am unsure of the best course of action in this situation.
Thank you in advance for your assistance.
Sincerely,
Leon Meier
Dear Mr. Meier,
Thank you for your inquiry regarding the reimbursement of legal fees by the opposing party after a car accident in which you were not at fault. It is understandable that you are concerned about how to get the incurred costs reimbursed. I am happy to explain the legal options in such a situation.
As a victim of a car accident, you have the right to have the incurred legal fees reimbursed by the liability insurance of the at-fault driver. This is based on § 249 of the German Civil Code, which obligates the person causing the damage to reimburse all costs necessary for the restoration of the damage. This includes the legal fees incurred by hiring a lawyer.
To obtain reimbursement of the legal fees from the opposing party, you should first instruct your lawyer to pursue the claims. Your lawyer will then contact the liability insurance of the at-fault driver and demand reimbursement of the legal fees as well as any other damage items. Generally, the liability insurance is obligated to reimburse the incurred costs if the liability of the at-fault driver is clearly established.
However, it is possible that the liability insurance may delay or reject the reimbursement of legal fees. In such a case, it is important for your lawyer to persistently pursue the claims and potentially enforce them in court. Therefore, it is advisable to stay in regular contact with your lawyer and keep him informed of the current status.
Regarding deadlines and requirements that you must observe, it is important to note that the limitation period for claiming damages is usually three years. Therefore, it is important to assert your claims promptly to avoid expiration.
In conclusion, I recommend that you continue to seek advice from your lawyer and provide him with all relevant documents so that he can represent your interests to the best of his ability.
I hope that my explanations are helpful to you and I am available for further questions.
Sincerely,
Alwin Hohenwarter
