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Traffic accident: correct behavior at the scene of the accident

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If drivers cause a traffic accident and leave the scene of the accident without informing the police and insurance, they are liable to prosecution. In addition to a large fine, wagon keepers can also lose their insurance cover, have their driver’s license revoked or even receive a prison sentence. Therefore, you should know the legal requirements for an accident and adhere to them. The Goslar Institute explains the correct behavior.

Traffic accident: correct behavior at the scene of the accident
Correct behavior after a traffic accident can protect drivers from punishment. Photo: Goslar Institute.

An accident usually means a stressful situation for car drivers. Because in many cases they are unsure how to behave appropriately and correctly in this case. Accordingly, there are different views on the correct behavior at the scene of the accident. The opinion is widespread that a piece of paper with personal contact details or a business card under the windshield wiper is sufficient. However, neither the police, nor the courts, or motor insurers are satisfied with it.

Correct behavior in the event of a traffic accident: stay on site

So what should be done if drivers cause an accident or damage?

  • Stay on site: This applies not only to accidents with personal injury or major property damage, but also to minor damage, such as B. the so-called parking bump. Anyone who leaves the scene of the accident need not be surprised if they are accused of malicious intent. If the owner of the damaged vehicle is not on site during the accident, those who caused the accident must wait at least 30 minutes at the damaged vehicle. That is at least considered a reasonable waiting time. The same applies to parking accidents. If no keeper arrives after that, the police must be informed. Jamming a business card or a piece of paper with contact details is not sufficient, as these can be blown by the wind or removed by third parties. According to a judgment of the Higher Regional Court (OLG) Koblenz, the comprehensive insurance may refuse to assume the damage if you leave the scene of the accident and the incident is not communicated to the insurer as soon as possible.
  • Inform the police and insurance: According to Section 142 of the Criminal Code, a person who leaves the scene of the accident without having spoken to the police or the injured party commits a criminal offense. Accordingly, the legislature requires that accident drivers * remain at the scene of the accident and inform the police and insurance. It is not enough to leave a written admission of guilt and personal details on the damaged car. Violation can result in a prison sentence of up to three years or a fine. Anyone who leaves the scene of the accident after the waiting period has expired and does not make it possible to establish it immediately afterwards is also punished.

It is therefore undisputed how those who caused accidents should behave after a light or serious accident. The legislature has clearly stated this: stay on site and inform the police and insurance company.


GOSLAR INSTITUTE

Study society for consumer-friendly insurance eV

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