Car accident: what to do in the event of a traffic accident?

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Car accident: What to do in case of a traffic accident?

It happens quickly and unpredictably: the car accident. Keeping your cool in a situation like this is difficult. What must injured parties do who have been involved in a car accident?? Must the police be informed?? And what does it look like if an accident happens abroad??
These and other questions are answered by attorney solen izmirli and attorney dr. Claudia von seck LL.M. In the expert guide.

Expert authors of this topic

How to behave correctly as an injured party in a car accident

If you are involved in an accident or cause an accident yourself, it is important to keep a cool head and behave as correctly as possible from a legal point of view. If you behave correctly after an accident, the chances are better that the accident will be settled. Accident settlement – whether it’s an accident with property damage only or an accident with (your own) personal injuries – should happen as smoothly as possible.

A traffic accident is not only a car accident, but also an accident with a bicycle, between bicyclists or an accident with a pedestrian or wild (wild accident).

But when are you involved in an accident?? This is regulated by § 34 stvo:

"involved in a traffic accident" is any person whose behavior, under the circumstances, may have contributed to the accident."

this means that not only the person who caused the accident is involved in the accident: any person whose behavior may have had an influence on the accident in any way is involved in the accident. So is z. B. A pedestrian who carelessly crosses the street and forces a motorist into an evasive maneuver that leads to a car accident, also accident victim.

If you are "involved in an accident", this leads to some rights and obligations. The essential duties of all parties involved in an accident are:

Remain at the scene of the accident until the emergency services or the. The exchange of personal was possible.
In the event of personal injury: obligation to provide first aid.

Tips on how to behave at the scene of an accident

Is one z. B. As a driver directly involved in a car accident, you should also follow the rules/tips at the scene of the accident:

Keep calm and stop
Self-protection (warning vest, etc.).)
Secure the accident site (warning triangle, warning vest, etc.).)
Providing first aid when people are injured
Call emergency services if injured or. Ask passers-by/witnesses to do so
Call the police if the damage is not minor
Personal details of witnesses (z. B. Passers-by) and people involved in the accident, additionally record license plate numbers of all drivers involved in the accident
Do not make any statements about the course of the accident – not even to those involved in the accident
Do not admit guilt
Photograph if possible:
Damage to all vehicles
License plate
Accident scene, if possible with fixed objects (lane strip, light pole, traffic light, curb)
Splinter fields, skid marks
vehicle documents, identity cards

What is the correct course of action after the accident??

If no doctor was at the scene of the accident and/or you have new complaints: go to the doctor promptly, make a note of your complaints and take photos of your injuries.
Inform your vehicle insurance company about the accident within one week at the latest – in the case of serious injuries to persons involved in the accident/deaths within 48 hours.
Contact a specialist lawyer for traffic law as soon as possible, so that he or she can quickly take care of the legal aspects of the accident: settlement of damages, regulatory offences, if necessary. criminal proceedings.
Ignore "free" accident assistance resp. Free assistance with accident settlement, v. A., if you have to give up your claims for this.
Do not enter into any agreements with opposing insurance companies until you have obtained legal advice.
Inform immediately if necessary. The lessor (owner)!) of a leased vehicle. Failure to do so may have adverse contractual consequences.
If the damage to your car is higher than 750 euros, the damage should be evaluated by an expert.

Effectively avoid hit and run

An accident can also occur if no other person(s) is (are) on the scene or. Are, one z. B. If you hit another car while parking, or if you hit a parked vehicle. Then it is important not to simply leave the scene of the accident: anyone who leaves the scene of the accident in this situation may be liable to prosecution for hit and run (§ 142 stgb, unauthorized removal from the scene of an accident).

If you could not notice the accident (no vibrations, no noise, etc.), you should contact a lawyer.), the offence of hit-and-run may possibly not be fulfilled.

Could or. If you have noticed an accident, you must wait at least a reasonable time at the scene of the accident to see if z.B. The driver of the other vehicle appears. Leaving a note on the other vehicle with your own data is not sufficient from a legal point of view! At best, contact the police to report the accident, or drive directly to the nearest police station.

Accident with personal injury: what to do now

An "accident involving personal injury" is defined as an accident in which a person suffers physical injury or damage to health or dies as a result of a traffic accident.

Even if a person does not suffer any physical injuries as a result of an accident, for example, but suffers a shock, this is legally regarded as "damage to health". An accident that leads to shock or other mental illness (post-traumatic stress disorder, depression) in someone involved in the accident is therefore also an accident with personal injury.

In the event of an accident resulting in death, shock to relatives of the deceased party involved in the accident can also lead to shock damage and thus to a claim for pain and suffering compensation – even if the relatives were not involved in the accident! However, this shock damage must be based on the fact that the person witnessed the accident or that the news of death led to the shock (clearly beyond the "normal measure" of a grief!) has led.

But what exactly are the consequences of a personal injury accident?? What distinguishes this accident from an accident with property damage only?? If there is a (car) accident with personal injury, this has a direct effect on the tips and rules for behavior at the scene of the accident itself:

Call the emergency/rescue service even if you are injured yourself or ask uninjured persons/witnesses to do so. Thus, it is possible that your state of health resp. The other person involved in the accident is professionally assessed and recorded.
Provide first aid if other persons are injured! If you do not do this, even though you can do so without endangering yourself, this may have legal consequences: you may be liable to prosecution for failure to render assistance under § 323c of the German Criminal Code (stgb).

It is important to know here: if you make mistakes during first aid, you usually do not have to fear any (criminal) legal consequences, e.g. B. If you break ribs while performing cardiac massage. In addition, personal injuries caused by a car accident may also have considerable legal consequences.

On the one hand, an accident resulting in personal injury can lead to criminal proceedings z. B. the duration of the proceedings initiated for (negligent) bodily injury (§ 229 of the German penal code) or negligent homicide (§ 222 of the German penal code). If this is the case, a specialist lawyer for traffic law should be called in very promptly, who can ensure that the proceedings are concluded if necessary. or penalties are kept to a minimum.
Furthermore, in addition to claims for damages due to property damage, claims for pain and suffering can be asserted as compensation for so-called "injuries". "immaterial damages" are added (§ 253 BGB). These requirements can be met in the case of minor injuries, such as. B. A minor whiplash injury (cervical spine syndrome) is low. In the case of severe physical injuries (loss of a limb, loss of sight, disability to walk, etc.), the compensation.) and severe psychological consequences and long-term consequences (persistent anxiety, depression, etc.).), however, these claims can also be very high. The compensation for pain and suffering is also paid by the person who caused the accident or. your liability insurance.

When it comes to determining the amount of a claim for pain and suffering, the circumstances of the individual case – i.e. the specific injuries and their consequences – are decisive.

As a guideline for the calculation of pain and suffering claims, so-called "contributory negligence" is often used. The compensation is based on tables of compensation for pain and suffering that have evolved over many years from the case law on certain injuries as consequences of accidents. However, these tables are NOT binding and are only a guideline for certain injuries. The concrete extent of the injury must be considered individually in each case and, if necessary. Be professionally assessed.

In detail are u. A. The following criteria are decisive for the extent of pain and suffering claims:

Nature of the injury(ies)
Duration and intensity of the injury(ies) and of the (inpatient) treatment
Contributory negligence of the injured person
Duration of the work or. Disability

In addition to the type and severity of the injuries, there is another important factor that influences the amount of a claim for pain and suffering compensation (as well as a claim for damages in general): the contributory negligence of the injured person in the accident. If the injured person is partly to blame for the accident – this is usually determined in the court proceedings on the basis of a so-called "accident report" – the injured person is liable for the accident. If the extent of fault is determined, this reduces the claims for damages and also the claims for compensation for pain and suffering proportionately.

Here is an example: in the course of a court case, it is determined that the pedestrian injured in a car accident is 30 % partly to blame. His claim for damages and pain and suffering "without contributory negligence" would amount to 1000 euro without contributory negligence. If one now takes into account his contributory negligence i. H. V. 30 %, your own claim for damages and pain and suffering is reduced to 700 euro.

The amount of pain and suffering claims after an accident with personal injury is often the subject of tough and bitter disputes, especially in the case of serious injuries that affect the victims for months and years. In addition, the calculation of pain and suffering compensation combined with claims for damages resulting from injuries (medical expenses, physiotherapy, medication, care costs, loss of earnings, reduction in earning capacity, etc.) can be very difficult.), can actually be very costly and complicated.

Especially after a car accident or. accident with personal injury, it makes sense to hire a lawyer or. to hire a specialist lawyer for traffic law. With the support of such an expert or. It is possible for such an expert to effectively assert one’s own claims to the full extent out of court or in court. to enforce claims in court or to fend off unjustified claims by the other party to the accident.

the importance of correct headlight adjustment should not be underestimated! The wrong angle of inclination can cause you to waste light energy and illuminate the ground instead of sufficiently illuminating the road in front of you. If the headlights are set too high, they will dazzle oncoming drivers and block their important view. Here you can read everything you need to know about headlight adjustment.

What I should know about adjusting headlights and the tilt angle?

Since 1990, every new car has been equipped with a headlight range adjustment to adjust the headlights and many newer cars also have automatic adjustment systems. This involves changing the angle of inclination so that the headlights are back in the correct position and shine in the desired area. The setting of the headlights should, regardless of your car model, be at least checked every 2 years and corrected if necessary become. Insufficient visibility in the dark and frequent signals from oncoming traffic are also signs that you should readjust your headlights. The required angle varies somewhat from car to car, but can be can be taken from the information sticker on the headlamp when the hood is open. For the low and high beams, this is usually 1 – 1.2 %, and for the fog lights, 2 – 2.5 %.

We recommend that you have your high and low beams as well as your fog lights adjusted at a professional workshop and only use the tools yourself as a stopgap measure.

How do i adjust the headlights myself?

For short-term bridging, you can also adjust your headlights in the same way check and adjust your lights by yourself. Thereby the method of the 10-meter wall applied: the car is placed at a distance of 10 meters in front of a light-colored wall with markings on it. These markings are used to check whether the headlights are aligned at the correct angle. Suitable areas can often be found in underground garages or garage yards. before you start measuring the tilt angle, make sure that you have the correct tire pressure and that the driver’s seat is level with ca. 75 kg is loaded.

To check the setting of the high and low beams, you need a meter stick, adhesive tape and a screwdriver. If you have parked your car at a distance of 10 m straight in front of the empty wall, you have to fix a horizontal orientation line on the wall with the adhesive tape, which is exactly at the same height as the light source in the center of the headlamp. Then mark two vertical lines to note the position of the center of the headlights and their distance from each other.

Now you need a correction line to check the inclination of the headlights. At a slope of 1.2 %, for example, the light deviates by 12 cm from a straight line at a distance of 10 m. So, if you mark a horizontal line 12 cm below your orientation line, the center of the light level should be on the correction line when the lights are correctly adjusted and switched on. If this is not the case adjusting the height using the screws above the headlights. Since not only the height but also the side adjustment important, you must also check them. The most intense part of the light levels should be outside the two vertical marking lines. With the screws on the left and right of the headlights you can change their setting. To adjust your fog lights, you must follow the same procedure. When doing this, make sure you use the correct tilt angle to mark your correction line.

If you change the load of your vehicle, the angle in which the light of the headlights falls also changes. In some cars, the headlights can be adjusted on the dashboard to different load levels depending on the weight of the car.

How to adjust the headlights in a workshop?

In the past, to adjust the headlights you had to 10-meter wall method uses. Although this is still a legally required test method today, most of the time now devices used, which require significantly less space and are designed for the complicated, more modern headlamp systems.

Professional adjustment of headlights is currently carried out almost exclusively with special headlight adjustment devices, SEG for short. These devices simulate the method of the 10-meter wall, except that the distance is reduced to 50 cm by a lens. This allows the headlight adjustment to be carried out in a smaller space. Since even a few millimeters of misadjustment can have a significant impact at a greater distance, there are many requirements that the measurement environment must meet. To adjust the headlights accurately and optimally, professional equipment and knowledge is required, which is why correction in a workshop is ideal.

/>the professionals have the right equipment for the adjustment. Industryviews/shutterstock.Com

How expensive is it to have headlights adjusted in the workshop?

Fortunately, the professional adjustment of the headlights is not necessary not costly. Especially in autumn and winter, many workshops offer cheap or even free checks at. If there is a need for correction, the cost here depends on the amount of work involved. Mostly the headlight adjustment can be done can be done within a few minutes for 10 – 20 €. inspections usually include a check and, if necessary, a correction of the tilt angle.

The editorial team of the test and comparison portal of OE24.At presents you the best car loans.

A car loan offers you the opportunity to finance a vehicle that would otherwise exceed your budget. Instead of paying a one-off amount, you pay the monthly installments agreed with the contractual partner over a predefined term.

According to various tests, you can choose from a range of options, from the classic installment loan to the balloon loan and the three-way balloon loan. Read on and learn what to look for when comparing car loans and what requirements must be met.

Purchase advice on the car loan test or. Comparison: we help you choose your car loan test winner!

With a car loan, you spread the investment in a new or used vehicle over a period of usually 1 to 3 years.
In principle, you have three basic options at your disposal, whereby these differ from one another in the terms negotiated in each case.
without a credit check by the KSV (credit protection association), no car loan can usually be approved by banks in austria.

Mobility is an important aspect, both privately and often also professionally. With a car loan individually tailored to your needs, you will stay mobile on a small budget, ideally with a minimum monthly charge.

On oe24.At learn everything you need to know about how to find the best car loan in the following buying guide. Here, points such as the term, the type of financing and other criteria are examined.

In addition differences to leasing explained in more detail and clarified, whether the possibility exists to realize a car loan without KSV or schufa information. Based on this information, you will then be able to carry out a personalized online car loan comparison tailored to your needs.

1. What is a car loan?

Saving through sensible comparison

As various car loan tests have shown, the savings potential is considerable, especially for higher sums, if the car loan comparison is carried out with identical specifications, whereby the respective current interest rate in 2022 should be included.

The basic idea is to use a car loan to finance a new or used car from a third-party provider. The reasons for it can be versatile, as for example:

The car you have been using is getting on in years and repairs are getting too expensive.
equity is too thin for the desired vehicle.
You are planning to renew or expand the vehicle fleet of your business.
As a private individual, you would like to change vehicles regularly.

One of the crucial points is that you first think about what your goal is and how high the monthly burden can be in view of your income situation.

If the vehicle also serves as collateral for the loan, you will need to include any comprehensive insurance costs when calculating the car loan.

2. The different types of car loans: which is the right one??

Just as you first look for a specific brand and then compare the respective models of the vehicle manufacturer with each other, you should also proceed with an auto loan.

Once you have taken a look at the variants presented, you can about different autokredit-tests further inform, in order to limit the selection additionally. Points such as the quality of service and the reliability of providers are also taken into consideration.

2.1. Financing the car with an installment loan

Young salesman and man who wants to buy car with car loan

Many car manufacturers, including BMW and mercedes, offer their customers their own car loan products.

Perhaps you have in the past often agreed on an installment loan with your bank to finance more expensive purchases, such as for the household. This is exactly how the special ING car loan works, for example:

You determine the amount of the loan, depending on whether you want full or partial financing. Helpful in this case car loan calculator, with which you can work out online how high the monthly instalments will be depending on the term of the loan. After entering the total amount or the amount of money, the car loan interest rates are also listed.

Since you own the vehicle in the end, there are no discussions about possible defects when it is taken back by a leasing provider or the vehicle manufacturer itself. An advantage that you also enjoy when you apply for a car loan at the Sparkasse. After approval, the amount is immediately transferred to the current account.

2.2. The basic principle of balloon financing

balloon financing is a car loan with final installment, what gives rise to the metaphor of the balloon. The amount depends on the agreed conditions and the residual value of the vehicle. Whether this form of financing is granted to you without a down payment and what final installment you can calculate for your car loan depends on your creditworthiness.

If you are not in a position to pay the remaining amount at the time of maturity, it is advisable to negotiate with the lender about follow-up financing at an early stage. Another option would be a debt restructuring.

2.3. three-way balloon financing with an additional option

The first savings bank also offers flexible car loans online.

Three-way balloon financing increases your room for maneuver. You can return the vehicle, pay off the car loan by paying the final installment, or arrange follow-up financing.

This type of financing is quite widespread among car loans, as the used car market allows for a secondary use of the vehicle.

Here, too, you have the option of using a car loan calculator online to compare the various options across the board.

2.4. A comparison of the three variants

In the following we present to you on oe24.At presents the various credit options in a clearly structured way:

Works like a conventional loan
Choice of car loan with or without down payment
The pre-determined rate is due monthly
Once you have paid off the entire loan amount, you are debt-free and the car is yours
Recommended if you are planning for the long term with the vehicle

Balloon loan is available with or without down payment
Car loan with final installment
Optionally, there is the possibility of follow-up financing
Can be rescheduled if offer from another provider is better
Ideal if you want to spread the financial burden over a period of usually two or three years

Works similar to balloon loan
At the end of the term, you can pay off the car loan by paying the remaining amount, or you can arrange follow-up financing
The third option is that the vehicle is taken back by the provider, which is preferably possible with car banks
Ideal variant if the regular change of your vehicle is important for you

2.5. Leasing as a special form

In principle, leasing is a car loan without down payment. Over a period of 1 to 3 years you pay the agreed leasing fees monthly. At the end, you return the vehicle to the lessor.

This form of car loan is especially interesting for self-employed persons and companies from a tax point of view, often less so for private individuals, especially since a distinction must be made between a mileage lease and a residual value lease. While you can pay off a car loan early, this is not possible with leasing.

3. What to look out for before you buy or apply for a car loan?

As proven in different car loan tests, there are some stumbling blocks before and at the conclusion of the contract that you should avoid. We explain these to you on oe24.At closer:

3.1. The car loan without schufa and KSV information

young student next to car she can afford thanks to car loan

Students who want to take out a car loan sometimes have to provide additional collateral, such as a guarantee.

Austrian banks are required by law to carry out a credit check, before granting financing. This check includes a KSV query.

A negative result is accompanied by a number of disadvantages. Often the car loan interest rates are significantly higher, which the providers use to cover the increased risk.

Additional costs arise, for example, from the fact that a residual debt insurance required will. In addition, the contracts contain a clause that allows for a conto seizure if the worst comes to the worst.

In summary, you can only conclude a favorable car loan if you provide the provider with a self-disclosure form (infopass) or if the provider is allowed to obtain information himself with your consent.

Attention: if a car loan is offered online without the appropriate procedure, caution is advised. In the worst case scenario, you could end up in a massive debt trap due to the terms and conditions.

3.2. What to look for in an interest-free car loan

What sounds tempting at first does not always deliver what is promised, because the missing interest income is allocated to other costs.

When comparing car loans, it is important to pay attention to the credit fees charged and whether the vehicle price itself has been set higher than usual by the manufacturer or dealer. Based on this data, you can calculate the car loan even for used cars and compare it with other offers.

3.3. Requirements for the approval of a car loan

In austria, the credit check includes some specific points. Among the most important are:

The amount of your income
The type of employment relationship if you are not self-employed
The residence
Family status and financial circumstances

For companies, bank information and information from credit agencies is also obtained and the equity ratio checked.

4. How to find the right bank as a lender?

Many car manufacturers, such as BMW, volkswagen or mercedes-benz, have set up their own banks in order to tie customers to the brand and finance appropriate models.

Below we have listed the main advantages and disadvantages of such in-house banks:

You will receive a tailor-made financing offer with a suitable car loan residual rate via the autobank.
you negotiate with just one partner at the dealership of your choice.
If available, the dealer will take your used car in payment.
Often there are special offers for different models. Watch out for current offers in 2022.

In some circumstances, car loan interest rates are higher than with the house bank or a direct bank.
There is usually no personal, neutral bank advisor available, as everything is handled by the dealer.

To be on the safe side, get an offer from your house bank to find out what a Sparkasse car loan would cost in comparison, for example.

other popular providers are commerzbank, santander, volksbank, haspa and targobank. direct banks, such as ING diba, are also interesting as providers, if you are looking for the best car loan for you.

5. Is there a stiftung warentest car loan test??

The consumer organization has taken a closer look at car financing with various options in the big car loan test 2020.

However, no clear car loan test winner is presented, as the conditions change constantly due to the market situation. Watch regularly to see if new car loan tests are added in the meantime.

6. Frequently asked questions about car loans

When looking for a car loan, certain questions come up frequently. We would like to answer these questions for you.

6.1. Can I apply for a car loan as a student?

This you can do this by naming a guarantor for the bank. Alternatively, a second borrower is included in the contract. A similar situation can arise with a car loan for pensioners, in which case a transfer of ownership of the vehicle to the lender as security is helpful.

6.2. Is a car loan tax deductible??

This is possible if the financed vehicle generates income, distinguishing between entrepreneurs, employees and freelancers. your tax advisor will give you the necessary tips.

6.3. How does a car loan revocation work??

You can cancel your loan in writing for 14 days after it has been concluded, without having to give your bank any reasons. However, if you miss this deadline, it will become much more difficult.

Only in rare cases is it possible to cancel a car loan on your own after the 14-day period has expired. consult your lawyer if necessary. You have a good chance if there is a formal error in the contract.

6.4. What documents do you need for a car loan??

Usually, in the course of the credit application, in addition to information on name, address and domestic circumstances, a a copy of the applicant’s identity card, proof of the last three salary payments, a copy of the employment or training contract, and a creditworthiness report are required.

Without schufa or KSV information, you will only receive a loan under certain conditions. If you would like to take out a car loan despite negative schufa, pay attention to the conditions that the relevant providers impose so that you do not end up in a financial emergency situation.

6.5. What happens if you can no longer pay a car loan??

On the ING homepage, you will find a car loan calculator that allows you to determine your rates quickly and easily.

Since the car belongs to the bank until the debt is paid in full, it may happen that your Car loan collected in the event of prolonged insolvency will. In the event of insolvency, you can apply to keep the car in the event of a hardship.

Another option is to reschedule the car loan, i.e. to transfer it to a new loan that is independent of the car loan. Some banks also offer payment protection insurance or residual debt insurance to protect you against insolvencies. However, please bear in mind that you will first have to pay the corresponding premiums.

In some cases, especially if the inability to pay is only short-term and temporary, you may be able to apply for deferral or request deferral.

6.6. How much credit can you get with a net income of 2.500 euro?

Generally you can get a car loan with a granted Loan amount approximately 10 to 15 times net income calculate. With a regular income of 2.500 euro, this would mean that you would have to apply for a loan of 25.000 to 37.you can apply for 500 euros.

6.7. What is the interest rate at the savings bank for a car loan?

If you would like to take out a car loan with the first savings bank, it is best to use the online car loan calculator on the homepage of the company. For a car loan of 10.000 euros, a target interest rate of 4.8 percent and an effective interest rate of 6 percent are specified.