🧭 Overview: After a road accident

What to do after an accident and in what order, and what claims you may have against the other party and their insurer.

road accident overview damages motor liability insurance claims order of steps accident victim

In brief

After an accident, safety comes first. Then it is about evidence and your claims.

Secure the accident scene and help anyone injured.
Record what happened: photos, witnesses, the other party's details.
Report the damage. The motor liability insurer (Kfz-Haftpflichtversicherung) of the person at fault usually pays the damage, as far as that person is liable.
You can hire a lawyer. If the other party is liable, their insurer pays the lawyer's costs in line with the liability quota.
Injuries can give rise to compensation for pain and suffering (Schmerzensgeld) and compensation for loss of earnings.

Deadlines matter especially for limitation periods. Check them early.

Step by step

SafetySecure the accident scene, help the injured, call the police if anyone is hurt.
EvidencePhotos, witnesses, fill in the accident report, note the details of everyone involved.
ReportReport the damage to the other party's motor liability insurer; inform your own insurer as your contract requires.
Doctor and receiptsHave injuries documented by a doctor; collect invoices and receipts.
Get adviceIf fault is disputed, if you are injured or the damage is high, involve a lawyer or an advice centre.

Deadlines

3 years

Regular limitation period for damages claims (starts at the end of the year in which the claim arises and you become aware of it)§ 195, § 199 Abs. 1 BGB

1 week

Policyholder's duty to notify their own liability insurer of circumstances that may lead to liability§ 104 VVG

Watch out – common mistakes

Do not admit fault at the scene; the accident report is a record of how events unfolded.
In an accident, do not drive away before the necessary determinations have been made possible (§ 142 StGB).
Claims against the other party are not the same as your own comprehensive cover (Kasko): check which route leads to which consequences.
Do not sign a settlement declaration before the consequences of injuries can be foreseen.

In depth · legal basis, figures and practice – for advisers and professionals

Legal bases of claims

Under § 7 Abs. 1 StVG, the keeper of a motor vehicle must compensate damage if, in the operation of the vehicle, a person is killed, their body or health is injured or property is damaged. Under § 115 Abs. 1 VVG, in the cases of § 115 Abs. 1 Satz 1 VVG (compulsory insurance, insolvency of the policyholder, unknown whereabouts of the policyholder), the injured party can also direct the claim straight against the insurer; insurer and policyholder are jointly and severally liable.

Liability caps

§ 12 Abs. 1 StVG: in case of death or injury, five million euros in total; for property damage, one million euros (ten and two million euros respectively for automated or autonomous driving functions). The cap also applies to the capital value of an annuity. For paid, commercial passenger transport, it increases by 600,000 euros for each additional person above eight. The caps apply only to strict liability under the StVG; where there is fault (§ 823 BGB), the person causing the damage is liable without limit.

Heads of damage (overview)

According to ADAC, the compensable items include repair costs, expert report costs, rental car or loss of use, diminished value, lawyer's costs and compensation for pain and suffering. The individual pages of this group go into these points in more depth.

Limit of this page

Whether a claim exists and in what amount depends on the individual case (course of events, contributory fault, evidence). This page gives an overview, not a review of an individual case.

Who is responsible

Police (emergency call) if anyone is injured or there is a dispute
Motor liability insurer of the other party
Your own motor insurer
Lawyer specialising in traffic law

Quick questions

Worum geht es bei „Overview: After a road accident“?

What to do after an accident and in what order, and what claims you may have against the other party and their insurer.

Which deadlines and figures matter?

3 years: Regular limitation period for damages claims (starts at the end of the year in which the claim arises and you become aware of it) (§ 195, § 199 Abs. 1 BGB)
1 week: Policyholder's duty to notify their own liability insurer of circumstances that may lead to liability (§ 104 VVG)

What should I do first?

Safety: Secure the accident scene, help the injured, call the police if anyone is hurt.
Evidence: Photos, witnesses, fill in the accident report, note the details of everyone involved.
Report: Report the damage to the other party's motor liability insurer; inform your own insurer as your contract requires.

What do I need to watch out for?

Do not admit fault at the scene; the accident report is a record of how events unfolded.
In an accident, do not drive away before the necessary determinations have been made possible (§ 142 StGB).
Claims against the other party are not the same as your own comprehensive cover (Kasko): check which route leads to which consequences.

Evidence

Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: StVG §§ 7, 12; VVG §§ 104, 115; BGB §§ 195, 199; StGB § 142, retrieved 20 September 2026
ADAC, Verkehrsunfall: Diese Kosten muss die gegnerische Versicherung zahlen, retrieved 20 September 2026
ADAC, Was tun nach einem Unfall, retrieved 20 September 2026

As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.