Your Rights After an Accident

Name: KFZ-Schadensaufnahme Bielefeld — Talha Pekinalp
Address: Jöllenbecker Straße 140, Bielefeld, Nordrhein-Westfalen, 33613, DE
Telephone: +49 151 12545454
Price range: €€

What you are entitled to after a no-fault accident — and how to prevent the insurance company from shortchanging you.

After a no-fault accident, you have far more rights than most people realise. The at-fault party's liability insurance is obliged to fully compensate the damage incurred. Despite this, insurers regularly try to influence the settlement in their favour.

Right to an Independent Expert

For accident damage of approximately €750 or more, you have the right to appoint an independent vehicle expert of your choice. The cost is covered by the at-fault party's liability insurance — not by you.

The insurer cannot force their own assessor on you. Insurance-company assessors typically work in the insurer's interest and tend to value damage lower than an independent expert would.

Practical Tip

Have the damage assessed before the repair — not after. Without an expert report, it is nearly impossible to make additional claims later.

Whether an expert is required depends on the extent of the damage. If in doubt, consult a solicitor.

Hire Car or Loss of Use

While your vehicle is being repaired, you are entitled to a comparable hire car — paid for by the at-fault party's insurance. Alternatively, you can claim loss of use: a daily flat-rate compensation for being unable to use your vehicle.

Hire car and loss of use are mutually exclusive — you can only choose one. The amount of loss-of-use compensation depends on vehicle category and repair duration.

Practical Tip

Keep all hire-car receipts and document the repair period. The insurer will only pay for the time actually required for the repair.

The exact amount of loss-of-use compensation depends on vehicle class and individual circumstances. If in doubt, consult a solicitor.

Loss in Market Value

Even a professionally repaired vehicle loses market value after an accident simply because the damage is recorded in the vehicle history. This loss is known as diminution in value and must be compensated by the at-fault party's insurance.

Many accident victims are unaware that this claim exists. Insurers typically only pay diminution in value if it is explicitly claimed.

Practical Tip

Diminution in value can generally only be claimed for relatively new vehicles (up to around 5–7 years old, up to approx. 100,000 km) and above a certain level of damage.

Whether and to what extent a diminution in value applies depends on the vehicle and the extent of the damage. If in doubt, consult a solicitor.

Beware of Settlement Tactics

Insurers use various strategies to reduce the settlement amount: quick-settlement offers are usually well below your actual entitlement. Salvage platforms artificially inflate the residual value of your vehicle, reducing your claim. Labour rates may be calculated based on cheaper workshops, even though you are entitled to an authorised repair centre.

You are not obliged to accept a quick-settlement offer. Do not sign any waiver or settlement agreement before the damage has been fully assessed by an independent expert.

Practical Tip

Do not accept a quick-settlement offer before an independent expert has assessed the damage. Once signed, further claims are generally excluded.

The legal validity of settlement agreements depends on the individual case. If in doubt, consult a solicitor.

Limitation Periods

Compensation claims arising from accidents are subject to the standard limitation period of 3 years under § 195 BGB. The period begins at the end of the year in which the claim arose.

This means: for an accident in 2025, you have until 31 December 2028 to assert your claims — provided you identified the responsible party or insurer in time.

Practical Tip

Do not delay the damage settlement. The earlier the damage is documented, the stronger your evidential position.

The limitation period may differ in individual cases, particularly if the at-fault party is identified late. If in doubt, consult a solicitor.

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Legal Notice

This guide is for general information purposes only and does not constitute legal advice within the meaning of the German Legal Services Act (RDG). For legal questions regarding damage claims, please consult a licensed solicitor. KFZ-Schadensaufnahme Bielefeld accepts no liability for actions taken on the basis of this information.

Document Your Damage — Protect Your Claims

A professional expert report is the foundation for all claims against the insurer. Talha Pekinalp comes to you and produces the complete documentation.

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