Wegweiser Road accident victims · Claims after the accident Deutsch

📸 What to do at the scene and securing evidence

Stop, secure the scene, help, exchange details and secure evidence: what the law requires and what will help you later.

accident scene warning triangle police accident report witnesses photos exchanging details first aid

In brief

Stop immediately. Secure the scene. Switch on your hazard lights and set up the warning triangle.

Help anyone injured and call the police if there are injuries.

  • Exchange names, addresses, number plates and insurance details.
  • Take photos of the accident scene, the vehicles and the damage.
  • Note the names and addresses of witnesses.
  • Fill in an accident report together with the other party. This is not an admission of fault but a description of what happened.

If there is a dispute, alcohol is involved or the damage is high, call the police.

Step by step

  1. Stop and secure the sceneHazard lights, high-visibility vest, warning triangle (according to ADAC, 50 to 150 paces away).
  2. HelpGive first aid, call the emergency number if anyone is injured.
  3. Exchange detailsPersonal details, number plates, insurance of those involved; note down witnesses.
  4. Secure evidencePhotos from several angles (overall situation, damage, skid marks, traffic signs), fill in the accident report together.
  5. See a doctorHave yourself examined by a doctor even if injuries seem minor, and have the findings recorded.

Deadlines

24 hours
Subsequent determination when traffic is not flowing and the property damage is only minor: the court may reduce the penalty or waive punishment if you voluntarily make the determinations possible within this period§ 142 Abs. 4 StGB (the court may reduce the penalty or waive punishment)
Watch out – common mistakes
  • Anyone who may be involved in the accident must stay and make the determinations possible, or wait a reasonable time (§ 142 StGB).
  • Do not sign an admission of liability and do not agree to any cash payment "on the spot" without knowing the damage.
  • Call the police if people were injured, there is a dispute, a criminal penalty is possible or you are not the keeper of the vehicle.
  • Injuries can show up late: document complaints early.
In depth · legal basis, figures and practice – for advisers and professionals

Duties under § 34 StVO

Anyone involved in an accident must stop immediately, secure traffic, ascertain the consequences of the accident, help the injured, give name and address, show driving licence and vehicle registration document and give insurance details on request, and stay at the scene until the determinations have been made possible. A person involved in the accident is anyone whose conduct, in the circumstances, may have contributed to causing the accident.

Leaving the scene of an accident, § 142 StGB

Penalty range: imprisonment of up to three years or a fine. Anyone who left with justification or excuse must make the determinations possible without delay afterwards, for example by informing the person entitled or a nearby police station, giving address and number plate.

§ 142 StGB applies unchanged; an announced downgrading has not been passed.

Evidential value

According to ADAC, the European accident report (Europäischer Unfallbericht) serves for uniform documentation; insurers and authorities use it to settle the damage. Photos and witness details make it easier to clarify the question of liability later.

Uncertain

Whether and to what extent dashcam recordings can be used in court was not examined here.

Who is responsible
  • Emergency number 112 (ambulance) and police
  • Other party's motor liability insurer
  • Your own insurer
  • Doctor (documentation of injuries)
Further reading
Liability and contributory faultHit and run and VerkehrsopferhilfeCriminal proceedings and administrative offences

Quick questions

Worum geht es bei „What to do at the scene and securing evidence“?
Stop, secure the scene, help, exchange details and secure evidence: what the law requires and what will help you later.
Which deadlines and figures matter?
24 hours: Subsequent determination when traffic is not flowing and the property damage is only minor: the court may reduce the penalty or waive punishment if you voluntarily make the determinations possible within this period (§ 142 Abs. 4 StGB (the court may reduce the penalty or waive punishment))
What should I do first?
  • Stop and secure the scene: Hazard lights, high-visibility vest, warning triangle (according to ADAC, 50 to 150 paces away).
  • Help: Give first aid, call the emergency number if anyone is injured.
  • Exchange details: Personal details, number plates, insurance of those involved; note down witnesses.
What do I need to watch out for?
  • Anyone who may be involved in the accident must stay and make the determinations possible, or wait a reasonable time (§ 142 StGB).
  • Do not sign an admission of liability and do not agree to any cash payment "on the spot" without knowing the damage.
  • Call the police if people were injured, there is a dispute, a criminal penalty is possible or you are not the keeper of the vehicle.
Evidence
  • Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: StVO § 34; StGB § 142, retrieved 20 September 2026
  • ADAC, 10 Tipps: Was tun nach einem Unfall, retrieved 20 September 2026
  • ADAC, Unfall: Wann Sie die Polizei rufen müssen, retrieved 20 September 2026
  • ADAC, Europäischer Unfallbericht, retrieved 20 September 2026
As of

September 2026 · Sources and method

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