Legal assistance can help - Seek legal advice!
In particular in complex situations - for example in the case of unclear liability or serious and severe personal injury - professional legal assistance specializing in traffic, insurance, medical or civil law can provide you with support after a traffic accident when it comes to claiming liability, compensation for pain and suffering and damages from the party responsible for the accident.
An independent legal advisor can answer the following questions or provide the following services for you:
- How do I best proceed to secure my claims?
- How much compensation for pain and suffering and damages am I entitled to?
- Who pays the treatment costs?
- Should I have the injuries medically certified to safeguard my claims?
- Can I join a criminal case as a joint plaintiff?
- Am I entitled to a rental car?
- Will the other party's insurance company pay my loss of earnings?
- Will the person who caused the accident pay my repair costs?
- Application for access to files by the legal advisor
- Examination of the submission of a criminal complaint by the legal advisor
- Application for your own expert opinion
- Statements or statements on evidence and investigative procedures
- Written contact with the "opposing" insurance company
Please note that even the first consultation is usually subject to a fee. If you have legal expenses insurance, clarify with your insurance company whether it will cover the costs of legal representation. In financial emergencies, everyone is entitled to state legal aid for the costs of legal advice in accordance with the Legal Aid Act. In such cases, an application can be submitted to the legal application office or registry of the competent local court. As a rule, the person responsible for the accident or their insurance company will bear all or part of the legal costs.
Where can I find legal assistance?
Free information and addresses of law firms specializing in traffic, civil and medical law, among others, can be found on the Internet on the pages
- of the federal official directory of lawyers or your local bar association on the Internet
- of the legal portal of the German Bar Association, Anwaltsauskunft
- from industry directories
- at automobile clubs and victim support organizations
Victims of traffic accidents have rights
If a serious traffic accident results in personal injury, regardless of the degree of injury, this generally constitutes a criminal offence under the German Criminal Code (StGB). The offenses range from failure to render assistance and negligent bodily injury to negligent homicide.
The "Merkblatt über die Rechte von Verletzten und Geschädigten im Strafverfahren", published by the Ministry of Justice of the State of North Rhine-Westphalia, gives you an overview of the rights to which you are entitled as an injured person in (traffic) criminal proceedings following a traffic accident. You can find it in the download menu on the right.
How can the claims be asserted?
If you have been the victim of a criminal offense as a result of a traffic accident, you can assert claims for damages or compensation for pain and suffering not only through a separate action before the civil court, but also in criminal proceedings against the defendant (adhesion proceedings). The sentence and compensation payments are then decided in one proceeding, i.e. two proceedings in one, or "2in1" for short. Such a decision presupposes that there will be a main criminal court hearing and a verdict.
First information on the aforementioned adhesion proceedings can be found in the leaflet "The adhesion proceedings. 2 in 1: Compensation in criminal proceedings".
Both leaflets can be found on this page in the download/forms menu.
For further information, please consult a legal advisor about your claims in the adhesion proceedings!
