Car accident in Germany or abroad: What to do?
What to do in the event of a car accident in Germany or abroad? We give advice how to react at the scene of a car accident, explain why the International Motor Insurance Card is helpful, how the European Accident Statement and the compensation process works. We also answer questions about eCall, the emergency system fitted to new cars that automatically alerts the emergency services in the event of a serious accident.
Take precautions! Important documents to help you in the event of a road travel accident in Europe.
If you are driving in Europe, you should take the International Motor Insurance Card (formerly named "Green Insurance Card") and the European Accident Statement with you.
The International Motor Insurance Card
The International Motor Insurance Card is an international certificate of insurance. It serves as proof of motor vehicle insurance.
Although it is not legally required within the EU, it can be useful in the event of a car accident as it contains all the information the other driver will need.
The International Motor Insurance Card is issued free of charge by your insurance company and contains information about your insurance company (contact details, phone number, etc.) as well as information about your car and about yourself.
The European Accident Report
The "Agreed Statement of Facts on Motor Vehicle Accident", better known as European Accident Statement or European Accident Report, is a harmonised document at European level. The sections of the statement are similar in each European language. Therefore, take a copy of the statement in your native language and a copy of the statement in the language of the destination country with you.
The report is available free of charge from your insurance company or automobile club.
The Agreed Statement of Facts on Motor Vehicle Accident is not compulsory. However, it is essential if you want to get compensation quickly after a car accident.
Compulsory equipment
A first aid kit, a warning triangle and a reflective jacket are mandatory in Europe.
Please note that some countries require additional safety equipment such as a fire extinguisher or reflective jackets for each passenger.
Before travelling abroad, check the relevant information for your destination country.
At the scene of a car accident, what to do?
In Germany it is a criminal offence to leave the scene of a car accident without giving contact details.
If no one else is present, you should at least call the police and tell them what happened.
This also applies if you damage public property, such as road signs.
If all parties involved in the car accident are present, you should also take the following checklist into consideration.
Checklist: What to do at the scene of a car accident?
- Stay calm, don’t leave the scene. Secure the accident with the triangle.
- Ask the other party for the following details: Full name and address of the driver (check the driver’s identity!), name of the insurance company, number of the insurance policy and the registration number of the vehicle. If he shows you an International Motor Insurance Card you can just copy the information.
- Make a note of the names and addresses as well as telephone numbers and/or e-mail addresses of any witnesses.
- Fill in the "Agreed Statement of Facts on Motor Vehicle Accident" carefully,and ask the other party to sign it.
- You don’t speak the other driver's language? Don’t panic! The European Accident Statement is standardised so that the information given on this document can be easily understood by your insurance company as the formal structure is the same. Therefore, the box ‘remarks’ on this document can be completed by the driver in his own language. As a last resort, two European Accident Statements - in each driver’s language - can be completed and signed.
- Only sign the report, if you are sure you understand the situation and agree with the description. If you do not agree, do not tick any box. If the European Accident Statement is not filled in truthfully, you may be unjustly help responsible.
- Read the European Accident Statement carefully before filling in the middle column. Then mark the spaces relevant to the circumstances of the accident with a cross. This is an important section to clarify the responsibilities of drivers involved in the accident.
- Above all, do not forget to mention the number of spaces you have marked with a cross at the bottom of the column. Otherwise, the opposing party may mark other spaces, which could be to your disadvantage.
- You must not force the other driver to sign the document. If he or she does not do so, collect the general information mentioned above. However, even in this case you can send the European Accident Statement to your insurer for information purposes. If you have been involved in an accident with several other vehicles, you should complete a European Accident Statement with each of the other parties involved.
- Secure the evidence. And take photographs of the scene and the vehicles involved.
Claiming for compensation after a road accident abroad - What to do?
The European Union has introduced a simplified procedure for redress to get compensation after a car accident in another European country or involving a driver coming from another country.
In particular, it enables you to claim compensation in your country of residence as soon as you return.
Bear in mind that in some countries, the time limit for submitting a claim is very short.
The European Accident Statement should therefore be sent to the foreign insurance company as soon as possible by informing their representative in your home country.
All European insurance companies must have a representative in each country.
You should also inform your own insurance company about of the car accident.
Three steps: This is how the compensation process basically works
1. Contact the other driver's MTPL claims representative
Contact the claims representative of the Motor Third Party Liability Insurance company (MTPL) of the other driver(s) involved in the accident situated in your country of residence and submit a claim for compensation.
This application should include at least the European Accident Statement and, if possible, an estimate of the cost of repairs.
All Member States have also set up information centres to help you to identify the other driver’s MTPL insurance company and the competent claims representative. In Germany, this is the so-called Zentralruf der Autoversicherer.
2. Receiving the compensation offer within three months
The claims representative must submit you an offer of compensation within three months after you have submitted your claim. But only on condition that you have provided every required document.
3. Contact the compensation body - as a last resort
You can contact the compensation body, if:
- you have not received an offer from the claims representative within three months after having submitted your claim.
- the other driver’s MTPL insurance company has not nominated a claims representative in your country.
- the other driver’s car cannot be identified within two months or his MTPL insurance company cannot be identified.
The compensation body must take action within two months. Please note, however, that you cannot turn to this body, if you have already taken legal actions against the driver.
The Council of Bureaux provides information on all compensation bodies in the Member States. The German compensation body is the so-called Verkehrsopferhilfe e. V.
Car accident in another European Country - Which law is applicable?
Compensation for car accidents is largely coordinated within the EU.
However, there are still differences, for example, in the compulsory level of cover for Motor Third Party Liability insurances (MTPL). As a result, the other party's insurance company may not cover your full claim.
Therefore, it is important to know which country's law applies in a given situation.
The applicable law is also important if you have to take your claim to court.
Usually, the law of the country where the accident occurredwill apply. It regulates liability and compensation. For example: Accidents occuring in France between one car registered in Germany and the other in Hungary are covered by the French law.
If the vehicles involved in the accident are registered in the same EU Member State, the law of that Member State will apply. For example: If the two cars are registered in Germany and the accident occured in France, the German law applies.
eCall: Emergency System
From 31st March 2018 (according to an EU regulation) new car models must be equipped with the eCall emergency system. This system automatically alerts the relevant emergency services.
What is eCall? How does it work?
eCall means Emergency Call. A device is installed in the vehicle that automatically calls the European emergency number 112 in the event of a serious accident. In addition to a direct telephone connection, the emergency call centre receives important data such as the location, time of the accident and direction of travel of the vehicle. Like the airbag, the system is triggered by crash sensors. The system is not triggered by parking bumps. The emergency call can also be triggered manually by means of a SOS button. This is useful for people at the scene of an accident or in the event of a medical emergency.
What are the advantages of eCall?
The system automatically connects to the nearest emergency call centre. This means that help can be targeted even if the occupants are unable to speak or move - or even if they do not know their location. With eCall, emergency services should be able to reach the scene of an accident more quickly. Experts suppose that the waiting time will be reduced by approx. 40 % in urban areas and by approx. 50 % in rural areas. The European Commission estimates that 2,500 lives can be saved each year and tens of thousands of people will suffer less serious injuries; as a result of the rapid assistance. The service must be available free of charge.
Do I have to retrofit my car with this system?
No. The regulation only applies to new vehicle models launched after March 2018. This means that you will not have to retrofit older models. The Commission intends to provide a retrofitting option. Some car manufacturers offer already (partial-)solutions for a fee.
What happens to my data?
The eCall only sends your data in the event of an accident and to the emergency call centre only. The emergency call centre may only collect your data for rescue purposes and may not pass it on to third parties or use it for other purposes.
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.