Rules of conduct for a driver in the event of a traffic accident in Germany

In the first place, in a situation where we are the injured party, I always recommend calling the police. Unlike most European countries, the German police come to the scene.

As a rule, the police do not indicate the person responsible for the damage, however, they prepare a report in which they describe the course of the event, drivers' data, vehicle registration numbers, insurance company details, etc. Then the officers provide the parties with a business card with police contact details. Thanks to this, both the perpetrator's insurer and the victim can personally apply to the police for an official note. You can do this via your e-mail address. In my practice, I have never come across a situation in which the German police would refuse to provide a report on their intervention.
In a situation where we do not call the police (I do not recommend it), together with the perpetrator of the damage, you should carefully complete and sign the "Joint statement on the road accident" form, which most of us have in the vehicle. If possible, please take photos of the perpetrator's documents, i.e. driving license, registration card, insurance policy, which will facilitate and speed up the process of claim settlement with the insurance company.
At the same time, for evidence purposes (also when we call the police), I recommend taking photos at the scene of the incident. These days, almost everyone has a digital camera phone. The photos should show the position of the vehicles on the road (front, rear, diagonal) along with license plates, road signs, surroundings, etc., and then the damage zone. In a situation where the damage was caused by a semi-trailer connected to a tractor-trailer, it is obligatory to write down the registration numbers of the tractor. This is due to the fact that in several European countries, including Germany and Poland, despite the damage caused by the semi-trailer, compensation is paid from the third party liability insurance of the truck tractor.

Reporting the damage to the insurance company of the perpetrator of the damage

In order to determine the correspondent in Poland of the foreign insurer of the perpetrator of the damage, please submit an inquiry to the Polish Motor Insurers' Bureau at the following e-mail address: pbuk@pbuk.pl The inquiry should include the following data:
– the perpetrator's vehicle registration number,
– date of damage,
– the country where the collision/accident occurred.
Within 48 hours, PBUK will provide us with the details of the company in which the perpetrator's vehicle is insured and the correspondent in Poland to whom the claim should be made. A correspondent is a nominated representative of a foreign insurer, approved by the national office of the country of the event, whose task is to settle claims arising in the country in which it is established and caused by a driver with a valid third party liability insurance of a foreign insurer.

Legal basis of the claim

In the event of damage in Germany, the law applicable to the dispute is German law. The country of origin of the participants of the event and the registration of the vehicles are irrelevant. This means that a correspondent in Poland (e.g. PZU SA, TUiR Warta, Ergo Hestia, etc.) is obliged to apply German law in determining liability and the amount of damage. According to German law, the injured party is entitled to compensation for all consequences of damage, both material and personal, if any.
Galicja Brokers provides claims settlement directly with insurance companies in Germany, thanks to which the compensation is several times higher than the compensation paid by a correspondent in Poland.

Legal Counsel

Jerzy Klimowski