Accident — What to Do as an Injured Party?
The first minutes determine your evidence — the next weeks determine your money. This guide walks you through immediate measures, liability by accident type, and all applicable claims. When the accident is not your fault, the opposing party covers the expert report and legal fees — €0 for you.
The Key Facts in 30 Seconds
First secure people and evidence, make no admission of fault, and commission your own expert before any repairs begin. When the accident is not your fault, you are entitled to full restitution (§ 249 BGB), enforceable directly against the opposing party's liability insurer (§ 115 VVG). Legal and expert fees are borne by the opposing party — you bear no financial risk.
- Your own independent expert appraiser — free choice
- Free choice of repair shop and lawyer
- Lawyer & expert report paid by the opposing party
- No admission of fault at the accident scene
Immediate steps at the accident scene
Follow these steps in order — from protecting yourself to securing evidence:
- 1
Secure the accident scene
Switch on hazard lights, put on your high-visibility vest, place the warning triangle at a sufficient distance (built-up areas ~50 m, rural roads ~100 m, motorways ~150–200 m).
- 2
Attend to the injured, call emergency services 112
If anyone is injured, provide first aid and call emergency services (112) first. Failure to render assistance is a criminal offence — observe your own safety.
- 3
Call the police (110)
In cases of personal injury, significant property damage, disputed circumstances, hit-and-run, suspected alcohol/drug use, or involvement of rental vehicles/foreign parties. When in doubt, call.
- 4
Secure evidence
Take photos from multiple angles (overview, final positions, damage, licence plates, skid marks) and prepare an accident sketch.
- 5
Exchange details
Record the name, address, licence plate, liability insurance and policy number of the opposing party — but do not make any admission of fault.
- 6
Identify witnesses
Record the names and phone numbers of uninvolved witnesses — they are often decisive in disputed liability cases.
- 7
Engage your own expert appraiser & lawyer
Before any repairs begin, commission your own independent expert appraiser (evidence preservation) and have your claims enforced through a road traffic law firm.
Who is liable? The 6 most common accident types
Liability depends on the course of the accident. Tap for the legal assessment with BGH reference:
Rear-end collision
The driver who rear-ends is generally fully liable — the prima facie evidence rule applies (insufficient following distance or inattention).
Failure to yield right of way
Anyone who disregards "right before left" or a yield sign bears overwhelming liability.
Left-turning vehicle
The left-turning driver typically bears primary fault — they must give way to oncoming vehicles (§ 9 StVO).
Lane change
The driver who changes lanes is regularly liable in a collision — the duty of care falls on the one who changes.
Car Park Accident
Shared liability is common: car parks require walking pace and mutual consideration.
Red Light Violation
Running a red light means full liability — proof is often established through witnesses or the signal phase.
Your claims after a no-fault accident
You are entitled to be placed in the position you would have been in without the accident (Naturalrestitution, §249 BGB). This gives rise to a whole bundle of claims — from repair and diminished value to loss of use and compensation for pain and suffering:
What the opposing insurance is not telling you
The opposing insurer represents its own interests, not yours. You are not obliged to accept their appraiser or their first offer — and reductions are often unjustified:
Frequently asked questions
What do I need to do immediately after an accident?
Secure the scene (hazard lights, high-visibility vest, warning triangle), attend to anyone injured and call 112 if necessary, call the police (110) if needed, gather evidence (photos and accident sketch), record the other party's details — without admitting fault — and instruct your own expert before any repairs.
When must the police attend an accident?
At the latest in the event of personal injury, significant property damage, a dispute about the course of events, hit-and-run, suspected alcohol or drug use, or the involvement of a foreign or rental vehicle. When in doubt, always call — the police report secures evidence.
May I admit fault at the accident scene?
No. Do not admit fault and do not sign any pre-drafted statements. Record only what you observed — liability is determined later on the basis of the evidence.
Do I need a lawyer — and what will it cost me?
In the case of a no-fault accident, the costs of legal representation are a necessary part of restoring you to your prior position and are borne by the opposing liability insurer (BGH VI ZR 235/13). You incur no out-of-pocket costs — those who negotiate without a lawyer, however, frequently accept offers that are too low.
What does the opposing insurance pay?
In the case of a no-fault accident, the full loss pursuant to §249 BGB: repair or replacement, diminished value, loss of use or rental car, expert and legal costs, and — in the event of personal injury — compensation for pain and suffering. Enforced via the direct claim (§115 VVG).
How much time do I have to enforce my claims?
The standard limitation period is 3 years (§195 BGB) from the end of the year in which you became aware; for personal injury claims up to 30 years (§199 para. 2 BGB). Evidence should, however, be secured immediately.
What you can do right now
- Find an expert on the map: claimondo.de/gutachter-finden — interactive map with all partner experts; click a marker and see an available appointment.
- Free AI first estimate in 60 seconds: claimondo.de/check — three photos and a short description are enough.
- Report damage directly with a callback in under 15 minutes: claimondo.de/schaden-melden — no sign-up, 3 fields.
- By phone: 0221 25906530 (Mon–Fri 08:00–20:00, Sat & Sun 09:00–18:00)
Claimondo is Germany’s largest digital platform for the complete settlement of motor vehicle liability claims. For no-fault injured parties: 0 € out of pocket under § 249 BGB (subject to acknowledgement by the opposing liability insurer).
Injured through no fault of your own? We guide you through everything — €0.
Anonymous first assessment. Response in under 15 minutes. In a no-fault accident, the other party covers the legal fees.