Accident
Your questions about accident damage, expert reports and insurance matters with competent answers from the independent experts at TÜV NORD Mobilität.
Publicly appointed experts are sworn to provide their expert services independently, without instructions, personally, conscientiously and impartially and are obliged to maintain confidentiality. According to the procedural regulations, they should be given priority in court proceedings (Section 404 (2) ZPO, Section 73 (2) StPO, Section 173 VwGO).
Experts must demonstrate special expertise, practical experience and personal suitability in order to be publicly appointed. This is checked by the appointing body at the time of the initial appointment and, after the expiry of the appointment, which is usually limited to 5 years, also when a new appointment is made.
The public appointment is legally protected and can only be carried out by certain appointing bodies. In addition to the Chambers of Industry and Commerce (IHKs), these include, for example, the Chambers of Crafts and Trades or the Chambers of Engineers and Architects.
The publicly appointed expert must swear an oath that he will carry out his expert opinions and other tasks impartially, independently, conscientiously and personally.
They are only publicly appointed if they have previously demonstrated their special expertise and there are no concerns about their personal integrity.
Companies, courts, authorities and private individuals can rely on professionally competent and independent reports from a publicly appointed and sworn expert (=ÖBUV).
Publicly appointed and sworn experts for motor vehicle damage and motor vehicle valuations are sworn to act impartially and independently. This is particularly important for courts when it comes to expert reports. This is because the rules of procedure of our German court require the expert to be "publicly appointed".
You reduce the risk of breakdowns by regularly checking
At somewhat longer intervals, you should also check the following at your specialist garage
A breakdown can be really annoying if you don't have the right tools or spare parts to hand. And continuing to drive with defective lights or damaged wiper blades is life-threatening and grossly negligent. You should therefore always carry the following basic equipment with you:
For older vehicles, it is also advisable to have a litre of engine oil with you to compensate for any oil loss. Take spare lights with you even if you cannot change them yourself. This will avoid waiting times for the right bulb. Although many petrol stations are now small supermarkets, the range of spare parts is modest. That's why a new set of wiper blades is often worth its weight in gold. And you can use adhesive tape to temporarily seal a leaking hose.
If your car breaks down, switch on the hazard warning lights first and keep calm! Move your vehicle out of the immediate danger zone or park it as far to the right of the road as possible. All occupants should leave the vehicle and move away from the road, preferably behind the crash barrier. Secure the vehicle by placing your warning triangle and, if necessary, the warning light at a sufficient distance behind the vehicle. If you are unable to repair the breakdown yourself, call for help. If you do not have a telephone with you: On motorways, black arrows on the white marker posts point to the nearest emergency call point.
It always comes unexpectedly. The vehicle breaks down and driving on is out of the question. If you don't want to use a professional towing service, you can also have your car towed privately. However, many drivers are unsure about what is and is not permitted when towing privately.
Towing is considered emergency assistance
Towing is generally only permitted in an emergency in order to remove vehicles that have become inoperable from the road as quickly as possible. Incidentally, the Highway Code does not consider an empty petrol tank to be an unforeseeable emergency and therefore not a reason for towing. Towing is only permitted to the nearest garage. Vehicles broken down on the motorway may only be towed to the next exit. Motorbikes are prohibited from being towed without exception.
Towing generally requires increased caution and attention from all parties involved - the road traffic regulations refer to an "increased duty of care". Both vehicles must switch on their hazard warning lights during the entire towing process. The hazard warning lights may only be switched off briefly to indicate a change of direction by activating the indicator. Also make absolutely sure that the maximum trailer load of the vehicle being towed is not exceeded - otherwise this could result in serious damage.
Even if there is no legally prescribed maximum speed for towing, the Road Traffic Licensing Regulations stipulate a speed limit. The StVZO stipulates that the two vehicles must not be more than five metres apart when towing. This means that the combination should not be travelling at more than 20 km/h. Otherwise, the rear driver would not be able to react in time to abrupt braking by the vehicle in front to avoid being rear-ended. Speaking of the rear driver. The rear driver does not necessarily need a driving licence for the vehicle to be towed. They simply need to be mentally and physically capable of operating the vehicle.
You will need a pole or rope for towing. This must not be longer than eight metres and must be marked in the middle with a red flag. The optimum length is five metres. As a general rule, the authorised towing force of the towing vehicle must not be exceeded. The gear of the broken-down vehicle must be taken out and the selector lever must be set to "N" for automatic transmissions. To prevent the steering wheel lock from engaging, the ignition key must remain in the ignition lock. Caution: If the engine is not running, the driving behaviour will change because the steering wheel assistance and the brake booster will fail, as will the braking effect of the engine.
A hit and run or officially "unauthorised removal from the scene of the accident" occurs when a person involved in an accident leaves the scene of the accident after a traffic accident without making the necessary findings possible.
You are liable to prosecution if you do not remain at the scene of an accident:
Stay calm and follow these steps:
This depends on the damage and the situation:
Anyone who commits a hit-and-run offence must expect serious consequences:
No. Although motor vehicle liability insurance initially pays the damage to third parties, it can take recourse against you - up to €5,000. Comprehensive insurance (partial or fully comprehensive) often refuses to pay out completely.
Even in the event of a parking collision, you must
If you realise that you have caused damage - even retrospectively - you should go to the nearest police station immediately and report the accident. Reporting it later can reduce the penalty.
Road conditions can change very quickly in winter. Therefore, always check the current conditions before you set off on your journey.
Black ice is a particularly serious hazard and often occurs on days with fluctuating temperatures around freezing point.
Look out for fog and hoar frost on trees - this can be an indicator. It is important to keep a cool head: Reduce your speed and increase your distance from other vehicles. Keep the steering wheel steady and avoid unnecessary steering movements. If possible, it is best to leave your car parked when there is a risk of black ice and switch to other means of transport.
If an accident has occurred, inform your insurance company first. With their consent, an independent accident assessor can be commissioned. TÜV NORD's accident appraisal is highly regarded, legally recognised and protects you against unlawful claims.
Black ice occurs when the moisture on the roads freezes and thaws alternately, turning the carriageway into a slippery surface. Black ice is particularly treacherous, as the layer of ice is barely recognisable and appears very suddenly.
According to road traffic regulations, the driver alone is responsible for the road safety of their vehicle. In the event of an accident caused by insufficient visibility, e.g. due to icy windscreens or falling snow, the comprehensive insurance may therefore reduce the benefit depending on the severity of the driver's own negligence.
Therefore, always ensure a clear view and remove snow and ice carefully - also for your own safety. Otherwise, the police may impose a fine. You may even receive a penalty point in Flensburg.
Many vehicle owners opt for all-season tyres due to the lower outlay and the supposedly lower costs compared to seasonal tyres.
Legally, all-season tyres with M+S marking and the Alpine symbol (mountain pictogram with snowflake) are classified as winter tyres. If the minimum tread depth of 1.6 millimetres is maintained, insurance cover is unrestricted.
Our neutral damage appraisals provide you with the prerequisites for processing claims properly and correctly. We also guarantee you fast and flexible order processing.
Road accidents occur more frequently in winter, especially on icy roads. Even those who are not the cause of the accident but the injured party are usually included in the claims settlement.
Reasoning of the Nuremberg Higher Regional Court:
In icy conditions, every driver must be aware that even the slightest driving error by other road users can have serious consequences. Therefore, according to the Higher Regional Court of Frankfurt, everyone should adapt their driving style accordingly and, if necessary, drive at walking pace. For this reason, the injured party is often also partly to blame.
Comprehensive insurance not only pays for damage to your own vehicle in the event of accidents caused by yourself, but also if the other party involved in the accident cannot be identified.
However, insurance companies often refuse to pay out, citing the driver's inappropriate driving style due to the weather conditions.
In this case, we recommend that you contact a lawyer and, if necessary, refer to the accident report taken by the police.
The liability insurance of the party responsible for the accident must pay for your lawyer. This also applies to minor damage or if difficulties are unlikely due to the liability situation.
Paint damage is always an annoying thing - especially if it is caused by external factors such as bird droppings, emissions, material defects or poor paintwork. If you want to get to the bottom of the cause of your paint damage, we can provide you with a paint expertise. These will provide you with information on how the damage may have occurred, point out processing errors and show the quality of the materials. It is also possible to itemise the repair costs.
During a storm, every vehicle owner worries about their car if they have not been able to park it safely. And not without reason: vehicles are often damaged by falling branches, loose roof tiles or even falling scaffolding. Partial casco insurance covers storm damage.
However, according to the insurance conditions, a storm only exists if it is a weather-related air movement of at least wind force 8 on the Beaufort scale. In the event of storm damage, it is therefore advisable to supplement the damage report with information from the weather office to prove that it was officially a storm.
Comprehensive insurance already covers damage caused by strong winds up to wind force 7. Even if you drive into an uprooted tree or fallen branch that has been lying on the road for some time, fully comprehensive insurance will pay out. In this case, drivers with partially comprehensive insurance are left empty-handed.
In the event of storm damage from wind force 8, it is usually advisable to take out partially comprehensive insurance, as this does not downgrade and the excess is often lower.
Property owners are responsible for trees on private property. However, they can only be asked to pay if they have not regularly checked the condition of their trees. The same applies to falling roof tiles. A claim therefore only arises if the "perpetrator" can be accused of a breach of the duty to ensure public safety. If, on the other hand, a branch breaks off a healthy tree or falls over during a strong storm, this is considered force majeure.
The same applies to construction site facilities: If a vehicle is damaged by a construction site sign falling over, for example, the person setting it up is only liable if they have not secured it properly.
So that you get what you deserve after an accident. Selected components and high-quality materials cause the prices of e-bikes and pedelecs to skyrocket. But what happens if something happens to your precious electric steed?
Our experienced e-bike experts will help you get back on the saddle quickly without having to pay for the accident costs.
TÜV NORD e-bike expertises: Independence and expertise pay off