Accident – What to Do as the Injured Party? Step by Step to Correct Claims Settlement
A traffic accident can happen quickly – and even if you are not at fault, the question often arises: What should I do now as the injured party? The answer is clear: If you want to assert your claims, you should proceed in a structured manner and know your rights.
This blog post explains in a clear and practical way what steps you need to take after an accident that wasn't your fault, how the claims settlement process works and why it makes sense to inform your own insurance company – even if you weren't at fault.
1. What to Do After an Accident as the Injured Party?
If you have been involved in a traffic accident through no fault of your own, you should observe the following points at the scene of the accident:
Secure the Accident Site
Switch on the hazard warning lights, put on a high-visibility vest (if available) and set up a warning triangle at a safe distance to warn following vehicles.
Inform the Police
The police should be called in the event of personal injury, extensive damage to property or if it is unclear who was at fault. It is also helpful to report minor damage so that the question of fault can be clarified later.
Preserve Evidence
Take photos of the accident scene from different perspectives. Important details include the position of the vehicles, vehicle damage, license plates, road signs and skid marks. Also record the course of the accident in writing.
Record the Other Party's Details
Make a note of the other party's name, address, telephone number, license plate number and insurance number. If in doubt, ask specifically for the insurer.
Contact Witnesses
Are there any uninvolved persons who witnessed the accident? Make sure you have their names and contact details. Witnesses can be decisive in the event of disputed facts.
2. Why Do I, as the Injured Party, Have to Report the Accident to My Own Insurance Company?
Even if you are not at fault, you are obliged to report the incident to your own insurance company. There are several reasons for this:
- Contractual Obligation: Many insurance contracts stipulate that an accident must be reported immediately – regardless of who was at fault.
- Protection Against Counterclaims: If the other party in the accident makes false statements or denies fault, your insurance company is informed and can support you.
- Preservation of Evidence: Your insurance company can advise you in further proceedings or actively support you if you wish – e.g. in communicating with the other party's insurance company.
Note: Notifying your own insurance company does not automatically mean that you will be upgraded or that your insurance company will have to pay – it serves as documentation and protection.
3. How Does the Claims Settlement Process Work if I Am Not at Fault?
As the injured party, you have the right to receive full compensation for your damages – from the liability insurance of the person responsible for the accident. This includes:
- The repair costs or – in the event of a total loss – the replacement value
- Costs for an expert opinion
- Compensation for loss of use or rental car
- Towing costs and parking fees
- Costs for a lawyer to protect your claims
- Reduction in value of the vehicle
- Compensation for personal injury
You may hire an expert and a lawyer yourself – these costs must be borne by the opposing insurance company if the question of fault is clear.
4. How Do I Deal with the Other Party's Insurance Company?
The liability insurance company of the party responsible for the accident will try to settle the claim efficiently and as cost-effectively as possible. You should therefore bear the following in mind:
- Do not speak too hastily about details of how the accident happened. Avoid speculation or admissions of guilt.
- Do not allow yourself to be put under pressure. For example, through workshop specifications or instructions to dispense with an expert opinion.
- Make use of your right to an independent expert and lawyer. This creates fairness in the proceedings.
- Communicate in writing. This way, you can keep track of things and have proof in the event of a dispute.
5. What Do I Get as the Injured Party After an Accident?
Once the question of fault has been clarified, you will receive the following compensation, depending on the case:
- The repair costs of your vehicle
- Costs for a rental car or loss of use (depending on the downtime and vehicle class)
- Expert costs
- Reduction in value (especially for newer vehicles)
- Towing and parking costs
- Legal fees
- Compensation for injuries
The insurance company will either pay you the actual repair costs (actual settlement) or a lump sum based on an expert opinion (fictitious settlement) if you do not wish to have the vehicle repaired.
6. What Happens in the Event of an Economic Total Loss?
If the repair costs exceed the replacement value of your vehicle, this is referred to as an economic total loss. In this case, you are entitled to
Replacement Value – Residual Value = Amount Paid Out
The insurance company usually organizes the recovery of the damaged vehicle. An experienced partner such as Copart is often used for this. Copart specializes in marketing the residual value of damaged vehicles. The vehicle is offered in an online auto auction. The residual value achieved is included in the insurance settlement. You do not have to worry about anything yourself.
Conclusion: Act Well Prepared as the Injured Party
Even if you are not at fault, smooth claims settlement depends on you proceeding quickly, in an organized manner and with legal certainty. Always report the accident to your own insurance company, document the evidence and make use of your rights – in particular to your own expert opinion and legal support. In the event of an economic total loss, your vehicle will be professionally disposed of via your insurance company – often with the support of Copart.
Frequently Asked Questions (FAQs)
What do I do after an accident as the injured party?
Secure the scene of the accident, inform the police, document everything and report the damage – including to your own insurance company.
What do I receive as the injured party?
Repair costs, rental car or loss of use, expert opinion, lawyer's fees, towing fees, compensation for pain and suffering if applicable.
As the injured party, why do I have to report the accident to my insurance company?
To preserve evidence, for contractual protection and in the event of counterclaims.
How does the settlement of a total loss work?
The insurance company determines the replacement value, deducts the residual value and pays the difference. The vehicle is usually disposed of via a service provider such as Copart.
