Claims After an Accident: What You Are Entitled To

After a no-fault accident you can claim vehicle damage, personal injury, expert's and lawyer's fees — this page explains what each item means, without amounts.

This page is a checklist, not a table of amounts: it names every item, briefly explains what it is about, and links to the guide page with the figures, the worked example and the case law. For personal injury, the list stops at the point where enforcement requires legal representation — deliberately, because a vehicle expert does not assess a person. Under your own comprehensive cover, your insurance contract applies; the general terms for motor insurance (AKB) exclude or cap individual items.

Vehicle damage

Which costs must the other driver's insurer pay after an accident?

Where the other driver is fully liable, their liability insurer (Haftpflichtversicherung) must in principle pay every item necessary to restore your position before the accident:

• Repair costs or Wiederbeschaffungswert (replacement value) — depending on whether the car is repaired or there is a total economic loss (wirtschaftlicher Totalschaden). See Wiederbeschaffungswert and prior damage and Totalschaden, Restwert and the 130% rule.
• Sachverständigenkosten (expert's fee) for the report that establishes the " amount of damage. See Sachverständigenhonorar.
• Wertminderung (diminished value), if your car is worth less than before the " accident despite a proper repair. See Wertminderung.
• Nutzungsausfall (loss of use) or a rental car, for as long as you cannot use " your vehicle. See Nutzungsausfall and Mietwagen.
• Technical repair extras such as Verbringungskosten (transport to an outside " paint shop), UPE-Aufschläge (surcharges on parts), Beilackierung (paint blending) or the " calibration of driver-assistance systems. See UPE-Aufschläge, Beilackierung and Kalibrierung of driver-assistance systems.
• Smaller extras: Auslagenpauschale (flat-rate expenses), towing, storage fees, " and de-/re-registration costs. See Auslagenpauschale, towing and storage.
• Lawyer's fees, if instructing a lawyer was necessary — more on that " below.

Comprehensive-cover case (Kaskofall): if you instead claim through your own " fully comprehensive insurance (Vollkaskoversicherung), this list does not apply unchanged. Your " insurance contract decides which items are reimbursed — the general terms for motor insurance " (AKB) often exclude or cap loss of use or lawyer's fees. Check your own contract terms in that " case.

What can I claim if my car is a total economic loss?

In principle the difference between the Wiederbeschaffungswert (replacement value) and the " Restwert (residual value) of your vehicle. A special rule, the 130-percent rule " (130-Prozent-Regel), allows a repair at the expense of the party at fault under certain " conditions even so. Both topics, with the relevant amounts and case law, are under " Totalschaden, Restwert and the 130% " rule.

What am I entitled to if I do not repair my car at all?

Under a notional settlement (fiktive Abrechnung) you receive the net amount established in the " report, without having to submit a repair invoice. Value-added tax is not reimbursed as long as " it has not actually been incurred (§ 249 Abs. 2 Satz 2 BGB) — this particularly affects the " Wiederbeschaffungswert and individual technical extras. Details for each item are on the " respective linked guide pages.

What changes if I share part of the fault?

Every item is reduced by your own share of liability. At 30 percent contributory fault " (Mitverschulden), the other driver's insurer pays 70 percent of each individual eligible item — " not only of a total amount. Whether and how far a workshop may refer you to a cheaper, reasonable " alternative workshop does not change because of shared fault; that is covered under " Stundenverrechnungssätze and " Werkstattverweis.

How long do I have to assert my claims?

The standard limitation period is three years (§ 195 BGB, the German Civil Code) and begins at " the end of the year in which the claim arose and you became aware, or without gross negligence " should have become aware, of the circumstances and the identity of the debtor (§ 199 Abs. 1 BGB). " For harm to life, body or health, a maximum period of 30 years from the accident applies, " regardless of awareness (§ 199 Abs. 2 BGB); other claims become time-barred at the latest ten " years after they arose (§ 199 Abs. 3 Nr. 1 BGB).

The practically most important point: once you notify your claim to the other " driver's insurer, the limitation period is suspended until its decision reaches you in text form " (§ 115 Abs. 2 Satz 3 VVG). The direct claim against the insurer, however, ends at the latest ten " years after the accident (§ 115 Abs. 2 Satz 2 VVG).

Personal injury

The following items are part of a complete claims checklist — which is why they appear here, " named and explained, but without any figures. A vehicle expert assesses your " car, not your injury. Enforcing these claims requires legal representation that you instruct " yourself. Details, assessment ranges with sources, and how they fit together are on " Schmerzensgeld and personal injury.

Do I get Schmerzensgeld if I have whiplash after the accident?

Possibly, if the injury is medically established. The legal basis is § 253 Abs. 2 BGB. How a " court assesses a particular injury in an individual case depends on many factors that only a " lawyer can judge based on your specific case.

Do I need to see a doctor to get Schmerzensgeld?

Medical documentation of your injury is the basis for any assessment. Without it, there is no " evidence of whether, and how severely, you were injured. See a doctor promptly after the " accident, even if symptoms initially seem minor — some injuries only show up later.

Who pays my lost earnings if I am signed off sick?

The other driver's insurer, to the extent the lost earnings are accident-related (§ 842 BGB). " The actual calculation depends on your income, any continued pay from your employer, and the " transfer of claims to your health insurer — that is a matter for your lawyer, not the vehicle " expert.

Who pays for the household and childcare if I cannot manage?

A Haushaltsführungsschaden (household-help damages claim) is also reimbursable if the accident " means you can no longer run your household as before (§ 843 BGB, increased needs). This applies " regardless of whether you actually hire help. The assessment is complex and belongs in a lawyer's " hands.

Who replaces my broken clothing, glasses or motorcycle gear?

Personal items damaged in the accident are, in principle, to be replaced as consequential " property damage under § 249 BGB — independent of the personal injury claim. Keep the damaged " items and, where possible, have them documented as part of the vehicle assessment too.

Lawyer and default

Who pays my lawyer after a no-fault accident?

As a rule, the other driver's insurer. The Bundesgerichtshof (BGH) has made clear: unless it " is a simple case, you are not obliged to handle the claim yourself — regardless of your own " experience or expertise (BGH VI ZR 45/19). An accident with two vehicles involved is regularly " not a simple case. The exception: if liability is completely clear and beyond " doubt from the outset, the first assertion of the claim without a lawyer can be reasonable (BGH " VI ZR 3/94) — this applies above all when claiming against your own insurer, " for example under comprehensive cover (BGH VI ZR 196/11).

The other driver's insurer is not paying — what can I do?

Your claim falls due immediately with the accident (§ 271 Abs. 1 BGB). But the insurer only " falls into default (Verzug) after a reminder — simply sending a breakdown of damages with a " demand for payment is not enough on its own (OLG Frankfurt 22 W 2/18). So set a specific payment " deadline in your claim letter. If the insurer does not respond, it is in default (§ 286 BGB) and " owes default interest from that point. If it still does not pay, a lawyer's reminder or a lawsuit " is the next step.

How long is the insurer allowed to take before paying?

There is no uniform deadline. Some Higher Regional Courts (Oberlandesgerichte) consider at " most four weeks appropriate (OLG Frankfurt 22 W 2/18, OLG München 10 W 1789/10), others four to " six weeks (OLG Rostock 1 W 338/98, OLG Saarbrücken 4 W 9/18 and 4 W 4/19, KG Berlin 22 W 12/09, " OLG Celle 14 U 180/18, OLG Stuttgart 3 W 46/13), and the OLG Dresden rejects a fixed upper limit " and names a range of two weeks to two months (OLG Dresden 4 W 640/20). The deadline only starts " once the insurer has received a specific, substantiated claim letter. It is also disputed whether " the insurer inspecting the police investigation file extends the deadline — some courts say no " (OLG München, OLG Frankfurt, OLG Stuttgart), while the OLG Celle recognises a right of inspection " even in simple cases.

The insurer writes that its payment settles all claims — should I sign?

Not without checking first. Such a settlement clause (Abgeltungsklausel) acts like a waiver of " all further claims from this accident — including items that only show up later, such as delayed " effects of a personal injury or a diminished value found only afterwards. Before signing, check " whether all your items are fully covered, and where in doubt — especially with any personal " injury — bring in a lawyer you instruct yourself before you sign.