Liability insurances often take a long time to settle claims after a traffic accident. Often the injured party is put off with the fact that the case is still being processed or that the investigation file must first be viewed.
This can take a long time before you can expect payment. This is particularly unfortunate if you urgently need the money from the insurance company in order to be able to finance the repair of the car that has crashed or the purchase of a new vehicle.
Period of 4 to 6 weeks is sufficient
It is understandable that when making claims for damages in traffic accident matters, liability insurance must be given a reasonable amount of time to review the claim. The insurance company is not obliged to make payments prematurely and unseen.
How much time you are entitled to during the exam depends on the circumstances of the individual case. In cases average kind a period of 4 to 6 weeks is deemed necessary by the higher court rulings, but also sufficient.
Also the argument of many insurance companies that one must first inspect the investigation file before making payments does not apply in uncomplicated cases, according to established case law, “because the liability insurer can obtain information about the facts from his policyholder. To make the decision of the obligation to enter dependent on a prior inspection of the investigation files is fundamentally neither required nor necessary, especially since experience shows that inspection of the files can often only be expected after months and a corresponding waiting time would run counter to the legitimate interests of the injured party in a rapid settlement .“(See for example OLG Stuttgart, decision of September 18, 2013 – 3 W 46/13)
Fristbeginn
Please note that the deadline is not triggered by the accident, but only by the receipt of a specified letter of claim. This means that the inspection period is only started when the insurance company can check the asserted claim, i.e. it has all the necessary information about the accident and the amount of damage.
Cost risk in the event of an early complaint
If the liability insurance does not have all the information required for the examination and if you file a lawsuit prematurely, you bear the risk according to the legal regulations of being left with the costs of the legal proceedings. Unfortunately, this also applies if you are not responsible for the traffic accident and the opposing insurance should therefore actually have to cover it.
So what to do if the insurance doesn’t pay
If you do not receive any feedback from the opposing insurance company or if it does not pay within the reasonable period you set, although you have provided it with all the necessary information, you should not be satisfied with that and – with reference to the case law – keep asking .
It is advisable to call in a lawyer as early as possible, even in the case of simple traffic accidents. They can give you comprehensive advice on which claims you can assert and which information and documents are to be submitted to the liability insurance company in order to start the test period as soon as possible.
Have you been involved in a traffic accident and now want to claim compensation for your damage or does the third party liability insurance company refuse to cover your costs? Then feel free to contact us. We will advise you comprehensively and handle your case for you in an uncomplicated and convenient manner.
–
