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Car Insurance: How to Get Your Money After an Auto Accident

Car Insurance: 10 Dangerous Traps: How to Get Your Money Back in a Car Accident

Anyone who has had an accident through no fault of their own needs a lot of time and good nerves to be right. Often the opposing insurance company tries to question your costs and to trick your reimbursements. FOCUS Online gives ten tips to identify costly traps and avoid processing errors.

1st trap: do not negotiate with other insurance companies

Are you involved in an accident through no fault of your own? Do not get involved when the opposing insurance company wants to negotiate with you. Sometimes their employees call the scene of the accident and promise: “We’ll pay for everything, take care of everything.” However, you are neither your partner nor your helper; you want to keep your reimbursement low. You therefore systematically cut back, even on small things. If the opposing insurance company regulates everything, you also remain uncertain whether the workshop will use new or used parts or whether the bent part will be bent again.

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2nd trap: take a specialist lawyer

Therefore, it is better to go to a specialist lawyer for traffic law even in the event of sheet metal damage – even if the question of guilt is clear and the insurer declares that he will pay for everything. The lawyer will not cost you anything unless you are partially at fault. However, anyone who contributed to the accident must contribute to the legal fees. But even if the question of guilt is still a matter of dispute, you will hardly do without a lawyer to convince the opposing insurance company of your point of view.

3rd trap: Find a reviewer yourself

Never accept the expert of the opposing insurance company. If you allow yourself to be persuaded to do so, you often run into a problem: Many courts take the position that the injured party should then not also hire their own expert. It is different if the insurance company’s report contains clear errors. If you then hire a second expert who finds further damage, the company has to pay him too.

You should therefore hire an expert yourself – except for minor items under 1000 euros. As the injured party, you can commission your own expert opinion at the insurer’s expense. You are only obliged to pay a portion out of your own pocket if you are partially indebted.

You don’t have to compare prices to find a cheap expert. The fee just can’t be obviously too high. But, be careful: Anyone can call themselves a “motor vehicle expert”, the title is not legally protected. Inquire at the Federal Association of Experts BVSK, whose members are engineers or master mechanics.

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4. Trap: Determine the amount of damage beforehand

In contrast to the legal fees, the amount of damage is important for the expert opinion. So that the opposing insurance has to pay, a damage of at least 1000 euros is necessary. Below this limit, only a workshop estimate is allowed. Some courts only see the limit at 1500 euros. If the insurer should reduce individual items in the estimate, you may commission an expert to limit the minimum limit.

5th trap: do without “workshop packages”

It is also not a good idea to have your damage handled by a workshop. In the event of an accident, some offer “all-round carefree packages” including rental cars, which also take care of the settlement. But keep in mind that workshops also have financial interests. Brand workshops are usually more expensive than independent workshops. Insurers only have to pay such costs if your car is no more than three years old or has always been in a branded workshop. If it was only repaired there, but serviced in an independent workshop, is also not enough. However, if the insurer requests repairs in an independent workshop, it must be close enough, 21 kilometers are too far. It is also not acceptable if the insurer wants to collect your car and take it to a workshop 130 kilometers away. Because in the event of a warranty it must be possible for you to reach the workshop quickly.

Trap 6: Insist on a repair

Insurance companies often refuse to repair damaged cars: Example: The appraiser estimates these costs at 4,340 euros, but the car is only worth 3900 euros. The company therefore only wants to pay 2350 euros, you should get another 1550 euros from a scrap dealer. In that case, however, you can request repairs. Because their costs do not exceed 130 percent of the vehicle value. Only above this limit is a repair considered uneconomical. If necessary, call in a lawyer so that the insurance company will reimburse you for the full invoice amount of 4400 euros.

7th trap: Defend yourself against arbitrary cuts

A case from Düsseldorf: After a heavy parking bump, the damage amounted to 5731 euros according to the report. But the insurance cut 175 euros for painting the door handles, 242 euros for a plastic part on the wheel arch, 192 euros for the wheel alignment, 44 euros for the car wash. Reason: These repairs were unnecessary. Similar discounts were made on a seal, chrome strip and small parts.

In addition, the insurance company cut 343 euros on the rental car and 57 euros in the legal fee – a total of 1335 euros. However, all cuts were illegal, and the contributions had to be paid later (Düsseldorf District Court of November 21, 2014, file number 37 C 11789/11). The Berlin specialist lawyer Marcus Gülpen knows such systematic cuts in abundance: “If the injured party submits an expert opinion, the insurers pass it on to external companies, which run it through special software.” They then spit out numerous cuts, often without any legal basis.

8th trap: get your car repaired quickly

Claims settlement can take some time; the insurer is usually allowed to work on it for four to six weeks. After completing the report, you should therefore have your damaged car repaired immediately. Because a follow-up inspection is no longer possible, some insurers see this as preventing evidence. However, this is nonsense: According to the case law, the injured party is not to be blamed for ordering his repair immediately – if only because this reduces the rental car costs.

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9. Trap: Bring the car to the home workshop

The opposing insurance company must also cover the costs of towing your vehicle. As a rule, you do not need to make price comparisons, as you usually have to be in a hurry. If the home workshop is 120 kilometers away, you can have your car brought there if it has been there for repairs or maintenance. If your workshop demands money for the cost estimate, the insurer has to pay for it. After an accident, the repaired vehicle is worth less than an accident-free one. The insurance also has to compensate for this loss of value. In the event of a total write-off, many workshops charge demurrage when your car is parked there, often ten euros per day. The insurance also has to shell out these costs. However, if wearing parts are replaced that improve the value of the car, the insurer may deduct part of the invoice. Example: An old tire that you would have to change soon anyway is slit open in the event of an accident and a new one is fitted. For that you have to accept a discount.

10th trap: Pass on fire department costs

A car accident with total loss is bad enough. Then pay the fire brigade’s bill yourself? Many accident drivers receive mail weeks afterwards from the fire brigade with an invoice for the deployment costs, mostly with a completed transfer form. Even if you caused the accident, you are not liable to pay – the motor vehicle liability insurance has to cover the costs. If the fire brigade is necessary to avert danger, the insurer also has to pay – for example, if the fire fighters bind oil that has leaked, remove contaminated soil or direct traffic. The legal situation is different when you are towed to the workshop later: If you are to blame for the accident, comprehensive insurance is required for the reimbursement. If you have neither a fully comprehensive insurance nor a cover letter, you have to pay this bill yourself.

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