The rate of car ownership around the world has been steadily rising every year. According to statistics, the number of privately owned cars per 1,000 people in the US, for example, exceeds 800, meaning practically every American has their own vehicle; in Italy the figure is around 700, in Russia around 300, while Germany sits somewhere in the middle, with roughly one in every two residents owning a car. Unfortunately, this trend also leads to a rise in road traffic accidents, which is why every road user — not just drivers but pedestrians too — is advised to stay especially alert on the road.
Christoph (name changed), an elderly man who had been injured in a road traffic accident, came to our law firm seeking legal help. According to Christoph, he was struck while crossing the road by a car driven by a young woman. As a result of the collision, our client suffered several injuries, was hospitalised, and required lengthy treatment. Christoph, as the injured party, wished to obtain compensation for the resulting material damage from the driver at fault.
Important to know
In the event of a road accident in Germany, the injured party is entitled to claim compensation not only for car repairs but also for lost income, taxi expenses and, in the case of injuries, compensation for non-material damage.
Our attorney explained to Christoph that he did indeed have this right, since § 7 of the German Road Traffic Act (German: Straßenverkehrsgesetz) provides that, where the operation of a motor vehicle causes injury to a person's health, results in a person's death, or damages property, the owner of that vehicle is obliged to compensate the injured party for the resulting damage.
However, in order to build a legally sound case for compensation, the attorney first needed to review the case materials available. To that end, our attorney sent a corresponding request to the police, asking them to provide all documents relating to the case. He also asked our client to send him copies of all available medical opinions and prescriptions, medical certificates, sick notes, and the like, so as to be able to establish a causal link between the collision and the injuries sustained, as well as to prove their severity.
Having carefully reviewed the case file, the attorney found that the accident had occurred several months before Christoph came to our firm. The situation itself was a fairly common one. Our client was standing at the edge of the road, waiting for two cars to pass so he could cross to the other side. The first car turned off at the junction, and the second stopped a few metres from Christoph, who took this as a sign that the driver was yielding and letting him cross. Our client set off unhurriedly across the street, but almost in the middle of the road he was suddenly struck by a car attempting to make a turn onto another street. According to the at-fault driver's own statement, she had yielded to another car turning in the opposite direction but had not noticed the pedestrian crossing the road at the same time. All statements were recorded by the police, and the necessary photographs and a sketch of the accident scene were taken.
The attorney told Christoph that this evidence would be entirely sufficient to claim compensation for both material and non-material damage. He also stressed that this damage was to be compensated directly by the insurance company, since the at-fault driver's liability was duly insured.
To assess the extent of the damage, the attorney reviewed the medical certificates and doctor's prescriptions provided by our client. According to these medical records, the injured party suffered several bodily injuries, including wounds to the shin and elbows and numerous bruises and contusions, which required Christoph to undergo three days of inpatient treatment. Doctors also discussed the possibility of surgery, but since Christoph, due to his age, also suffered from a number of other conditions and was permanently taking various medications, the medical panel opted for conservative, if longer, treatment instead. In total, the treatment lasted around three months.
Based on the information gathered, the attorney told Christoph that, in this particular case, he was entitled to claim 2,000.00 euros in compensation for material and non-material damage combined. The client agreed to this figure, and the attorney accordingly sent a formal claim to the insurance company of the vehicle owner who had caused the harm to our client's health.
In this claim, the attorney set out the circumstances of the case in detail and identified the insured driver as the party at fault for causing the accident and negligently inflicting bodily harm on our client. He emphasised that Christoph had not initiated criminal proceedings against the at-fault driver — that is, he had not filed a report with the police — but did intend to obtain compensation for the damage caused by the accident. The relevant medical certificates, supporting the legitimacy and merits of our client's claim, were also attached to the document. The attorney further emphasised that, should the insurer fail to satisfy our client's claim in full, or satisfy it only partially, he would strongly recommend that Christoph pursue the required compensation through the courts.
The insurance company, for its part, carefully examined all the available case materials and the medical documents supplied by our attorney, and agreed to fully satisfy Christoph's claim for compensation for the damage arising from the accident caused by their insured driver.
In light of the above, if you need to exercise your rights or protect your legal interests, we strongly recommend turning to an experienced attorney who will carry out your instructions quickly, competently and effectively.
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THE LAW FIRM REPRESENTS CLIENTS' INTERESTS THROUGHOUT GERMANY
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