Luckily, many people rarely get into the situation of being involved in a traffic accident in their lives. As a result, as a rule, the injured party is hopelessly overwhelmed by the situation that has arisen. Insurance companies take advantage of this.
The opposing liability insurance company often reports on the same day and reports that the liability has been recognized on the merits. The injured party is also told that he should obtain and submit a cost estimate and that an expert opinion is not necessary. A rental car will also be provided if one is needed. Sounds tempting at first glance and the injured party believes everything is fine and that he was lucky again in misfortune. But is this really the case? Of course not. Rather, the injured party is given the impression of being compensated quickly and without having to make any personal effort.
The process in practice
In fact, however, the injured party should be prevented from hiring a lawyer and an independent damage assessor. The aim of this procedure, which has become famous and sometimes notorious under the name “active claims management”, is the – fundamentally legitimate – reduction of the damage costs for the insurer. The problem with this is that different interests prevail on the part of the insurance company and on the part of the injured party. The insurance company wants to save money – and the injured party not only wants to be compensated quickly, but also, above all, in a way that is fair and comprehensive.
No waiver of claims necessary
In addition to the repair and rental car costs, the claims also include any depreciation that may have occurred on the vehicle involved in the accident, loss of use and the general flat-rate for expenses. However, the insurance company will only pay for these cost items if the injured party claims them and in full only if the injured party is aware of the case law on the individual cost items. So anyone who is injured and does not know their rights is leaving cash behind. Here it is urgently recommended to consult a specialist lawyer for traffic law immediately after the accident, especially since his fees must also be paid by the opposing liability insurance company, provided that the injured party is not solely to blame for the accident. The opposing insurance company should be referred in a friendly but firm manner to the lawyer who has been involved or is yet to be involved.
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