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What to do after an accident?
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Koch, Schatz & Kollegen · Rechtsanwälte
What to do after an accident?
Action guide for the first minutes — take it with you
anwalt-offenbach.de
069 / 999 99 33-10
1Safety first
- ▸Switch on hazard lights
- ▸Put on high-visibility vest — set up warning triangle (50 m in town / 100 m on motorway)
- ▸Check for injuries — emergency call 112
- ▸Call police: 110 — recommended even for minor damage
⚠ Failure to secure the accident scene risks a fine of at least €35 — if others are endangered, a higher fine or worse.²
2Secure evidence — before anyone moves the vehicles
Photos & video
- ▸Wide shots from a distance: road, junction, surroundings, signs, traffic lights
- ▸Close-ups: damage, skid marks, road markings
- ▸Number plates of all vehicles involved
- ▸Short video around the vehicles — captures damage more completely than single photos
Witnesses
- ▸Approach immediately and note contact details (name + phone)³
- ▸Obtain written admission of fault from the other party if possible — it must describe the course of events specifically, otherwise it has no evidential value´
Accident sketch
- ▸Mark directions of travel and final position of vehicles
3Exchange details
- ▸Note name, address, number plate of other party
- ▸Other party's insurer + policy number
- ▸Leave the factual account to the police — no statement without a lawyer
4What you must never do
- ✗No admission of fault — not even verbally. "That was my fault" or "I didn’t see you" can be used as evidence against you.⁵
- ✗Sign nothing — no forms, no statements. Don’t let anyone pressure you. There’s time for all of this later.
- ✗No admission of guilt to police — unless you are certain you were at fault. If in doubt: refuse to make a statement — that is your right.⁶
- ✗Don’t accept any salvage value offer — the insurer cannot force you to accept it.⁷
- ✗Don’t negotiate with the other party’s insurer — they represent the other party, not you.
5Call a lawyer — not the other party’s insurer
In nine out of ten cases the liability insurer of the person at fault covers the legal costs. You bear no financial risk.⁸
Fill out accident form online: anwalt-offenbach.de/terminvorbereitung
Legal references
- 1 § 34 para. 1 no. 1 StVO (accident obligations); § 53a StVZO (warning triangle requirement)
- 2 BKatV no. 132 (€35 fine); with concrete endangerment: § 315c StGB
- 3 Uninvolved witnesses are not legally required to provide contact details — asking immediately gives the best chance
- 4 OLG Hamm, decision of 19.10.2010 — I-9 U 117/10: A blanket admission of guilt without description of events has limited evidential value
- 5 § 254 BGB (contributory negligence); verbal admissions can be used as circumstantial evidence
- 6 § 136 StPO (right to silence); applies also during police accident recording
- 7 BGH, judgment of 12.07.2005 — VI ZR 132/04: An insurer’s salvage value offer does not bind the claimant if they have already sold the vehicle
- 8 § 249 para. 1 BGB (legal costs as damage item); BGH VI ZR 173/04
Koch, Schatz & Kollegen · Rechtsanwälte
Tulpenhofstr. 1 · 63067 Offenbach am Main
069 / 999 99 33-10 · info@anwalt-offenbach.de · anwalt-offenbach.de
Accident form online:
anwalt-offenbach.de/terminvorbereitung