Accident abroad: how do I get my rights?

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traffic & business

Accident abroad: How do I get my rights?

Accident abroad: How do I get my rights?
Accident abroad: How do I get my rights?

Settling claims with a foreign insurance company under foreign law is generally a difficult thing to do without a local lawyer.

02/25/2003

Settling claims with a foreign insurance company under foreign law is generally a difficult thing to do without a local lawyer. And that even in clear cases in which an out-of-court settlement is possible. If the matter goes to court, usually nothing works without a lawyer. Even if your benefits are sometimes controversial – if the legal situation is unclear, they are often restricted, a traffic legal protection insurance is of great help in such cases.

And not only because it pays the legal fees, but often opposing insurance companies are more willing to pay if you let them know that the risk of litigation costs is covered by legal expenses insurance. In the event of accidents abroad, such an insurance basically gives you the security of being able to assert your claims or defend yourself against unjustified claims without any financial risk. It appoints a correspondence lawyer in the country of damage and often also takes on extrajudicial expert costs.

Attention: Most legal protection insurances are only valid in Europe and the countries bordering the Mediterranean Sea. Only the Advocard in Hamburg has recently been offering extended validity for your legal protection around the globe – for the duration of a four-week vacation trip. If you are on the road for a longer period of time, you should call before departure; in exceptional cases, longer cover notes can be negotiated. Worldwide legal protection, albeit in a limited form, is also offered by the above-mentioned ARAG Top Cover Letter.

Incidentally, an accident abroad has already occurred when two Germans rattle together 500 meters behind the border. If one of the motorcycle groups runs into the other and is injured in the process, that is enough to face proceedings abroad. So it doesn’t have to be the big tour to get caught in the ink. The editors are aware of a case in which a German motorcyclist was hit by a German car two kilometers from the German border in Austria and was seriously injured.

The driver would have had to wait, but he passed the narrow section at such a rapid pace that he first took the motorcyclist who had lost track of the necessary braking from the machine and then came to rest on the roof himself with his car in the field. Due to a chain of unfortunate circumstances, the legal dispute with the other party in the accident continues. In spite of a clear accident record by the police, which unfortunately reversed the number of the license plate number of the accident car, and an unreliable witness from the other side, a case was opened against the motorcyclist. He was accused of having skidded the off-road vehicle driver as a result of him. The biker was initially unable to defend himself because he was seriously injured when he was taken to the hospital in Innsbruck and still cannot remember the accident to this day.

A German lawyer was necessary because the claims were directed against a German insurance company. An Austrian lawyer was also needed to defend himself against the traffic court proceedings. If the first verdict was still a fine of almost 10,000 marks, the proceedings in the second instance were discontinued. Without legal protection insurance, the biker would have run out of air here. But first the question of guilt had to be clarified, then the liability quota and only then the regulation, for which one would have to sue the insurance company in extreme cases. Being right and getting it can sometimes be expensive.

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