The situation is often overwhelming – from the first steps at the scene of the accident right through to processing the claim with the insurance company. The ÖAMTC legal advice explains what to do in an emergency.
What do I have to pay attention to immediately after an accident and what steps should I take?
Stop, keep calm, Put on the safety vest before getting out: “When leaving the vehicle on motorways or expressways, you are obliged to wear a high-visibility vest. In order to draw attention to the danger zone, the Turn on the hazard warning lights and that Set up a breakdown trianglein order to alert following road users to the scene of the accident in good time. This applies in particular to an accident scene after a curve or in the dark,” explains Nikolaus Authried, head of the ÖAMTC legal advice for Vienna, Lower Austria and Burgenland.
“The breakdown triangle must be positioned in such a way that drivers behind have enough time and space to avoid or stop once they see the warning triangle,” said the mobility club’s lawyer. If a person was injured in the accident, you must do so immediately Provide first aid as well as Notify rescue and police (Emergency numbers 144 or 133).
If only vehicles or other property were damaged in the accident, the police should only be called if those involved in the accident cannot provide proof of each other’s names and addresses. “Otherwise the following applies: Fill out an accident reportsecure evidence and any Note witnesses“, said the ÖAMTC lawyer.
Important: Accidents involving wildlife must also be reported to the police immediately.
What should you do if there is a dispute between those involved at the scene of the accident?
It is not uncommon for those involved in the accident to have different opinions regarding fault and how the accident occurred. However, the scene of the accident is not the right place to clarify discrepancies.
“The police are not responsible for this either, but only for recording the accident,” says Nikolaus Authried. “If no person was injured in the accident, but only material damage was caused, and the executive is still called – even though data exchange would have been possible – you have to pay 36 euros ‘blue light tax’,” said the ÖAMTC lawyer.
Contrary to popular belief that you can call the police to help Disputes at the scene of the accident In order to quickly clarify the question of fault, it is necessary to say clearly: “This is not the job of the police. Any statements made by police officers regarding fault in the context of a traffic accident can, but do not necessarily, constitute evidence. It is solely up to the courts to judge this,” explains the legal expert.
Important: The accident report or its signature by the other party in the accident is not an admission of guilt. If there is persistent disagreement about fault or the facts of the case, the last resort is to go to court.
At what point does someone commit a hit-and-run and what are the consequences of this behavior?
The law obliges all persons whose behavior has (partly) caused an accident to stop immediately and, if necessary, to secure the scene of the accident or to provide first aid and to help clarify the incident.
It doesn’t matter if you were at fault – it’s enough if you contributed to the accident. “If there is a need to notify the police, this must be done as quickly as possible. Even half an hour can be too long – the case law is very strict in this regard,” warns the ÖAMTC legal advisor.
Anyone who does not stop immediately after an accident, does not help determine the facts of the case or refuses to provide proof of identity or, if necessary, does not notify the police and emergency services is committing a “hit-and-run”. “If these obligations are neglected, each of the three offenses mentioned will be subject to corresponding administrative penalties, which can amount to several hundred euros in total. It is even more serious if an injured person is left in the lurch – this is where criminal law comes into play, the public prosecutor’s office can bring charges and The person who acted culpably even faces a prison sentence,” explains Nikolaus Authried.
Important: Even mere witnesses and people who only notice the accident after the fact have a duty to provide help!
Attention, same with Parking damage The following applies: Prove your identity or, if the injured vehicle owner cannot be found, immediately go to the nearest police station and report the accident.
“The famous Note on the windshield will always be left behind, this one alone enough but not – also that’s hit and run“, appeals the traffic law expert.
In order to make it easier for the injured person to contact you, such a piece of paper can – in addition to the mandatory reporting to the police – but of course be left behind.
Which insurance covers accident damage?
In principle, motor vehicle liability insurance covers the driver who was responsible for the accident. If the insurance is subject to compensation, it will cover both property damage and personal injury.
“It is particularly important to report an accident you caused yourself to your own insurance company within a week at the latest – otherwise problems could arise under certain circumstances,” says the ÖAMTC legal advisor.
Ideally, as the injured party, you will receive compensation for all damages from the opposing liability insurance company. If there are two or more people who culpably contributed to the accident in the event of damage, everyone is liable proportionately – according to the extent of their own contributory negligence: If, for example, with two people involved in the accident, one person is blamed for one third of contributory negligence and the other two thirds, the latter only gets one Third of the damage to your own vehicle is replaced. The first person (with lesser fault) is compensated for two thirds of their own damage by the opponent.
Attention: Liability insurance generally only covers damage caused to others. “Liability insurance does not cover damage to your own vehicle that occurs in an accident that you caused yourself – this requires comprehensive comprehensive insurance,” explains Nikolaus Authried.
This also applies to so-called “own damage” – a classic example: When parking in your own garage, the vehicle owner hits your own garage door and damages it.
What do injured parties have to consider when settling claims?
“As an injured party, you have to assert your own claims with the opposing insurance company,” explains Nikolaus Authried. The lawyers at ÖAMTC legal advice are happy to support members.
It is important to provide proof of the damage caused, for example through invoices or findings. “In general, care must be taken to assert claims within the statute of limitations of three years,” emphasizes the ÖAMTC legal advisor. “If the opposing insurance company doesn’t want to pay, the last resort is to file a lawsuit in court,” concludes Nikolaus Authried.
The lawyers at the ÖAMTC legal advice service provide club members with advice and help – competently and free of charge. A contact form and an overview of how to reach us can be found at www.oeamtc.at/rechtsberatung. In emergencies that require immediate support, the ÖAMTC lawyers can also be reached at night or on public holidays on the emergency number +43 (0)1 25 120 00.
2023-10-07 05:50:30
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