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I have a question regarding a car accident and insurance. A…

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I have a question regarding a car accident and insurance. A few months ago, I was parking a rental car and I had a contact on the bumper of the car that was parked behind me. I didn’t see any damage or scratch, so I just left it. Then I got a letter from the police - somebody who lives on that street saw it, took pictures and reported it. I was summoned for an interview with the police and I have admitted their accusation. The police gave me 2000 euro penalty for hit-and-run, which I have already paid. The police has pictures of both cars, and they too did not see any damage. However, I recently received an invoice from the insurance company of the owner of the other car for 3500 euro to repair the car. In my opinion, this is way too expensive, almost a fraud. I called this insurance company to ask for the details but they wouldn’t tell me anything because of “privacy reasons” . Is there anything I can do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Munich, Bayern

Lawyer's Assistant: What steps have you taken so far?

No steps so far

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment, thank you.

Submitted: 2 months ago.Category: German Law
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Answered in 16 hours by:
5/31/2018
Lawyer: hhvgoetz, Rechtsanwalt, LL.M. replied 2 months ago
hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 3,107
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Hi,

first:

It was really stupid to accept a 2000 Euro penality if there was no damage.

However: If the damage were more than 1500 Euros, you would have lost your driver's license (if you have a German one) or you will not be allowed to drive in Germany any more. Thus, the State Attorney must have considered a lot lower damages.

In order to find our what happened, contact the insurance in written and signed form with a copy of your ID and ask for the detailled report. If it does not work out, you will need a local lawyer to ask for it.

They should give some info if you tell that there have to be damages included which occured after your accident.

Before knowing more details I would not involve the State Attorney without the help of a lawyer in order not to make things worse. However, if you already received a Strafbefehl with the fine and without consequences for your driver's license, there should be no risk of losing it even if the state attorney finds out that damages were higher.

Regards

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Lawyer: hhvgoetz, Rechtsanwalt, LL.M. replied 2 months ago

If you have received an Einstellung (§ 153 a StPO) with fine you should also be safe and may file a criminal complaint at police or the state attorney because of fraud regarding the damages.

However, I would prefer to find out details from the insurance first.

Tell the insurance that you will have to file charges to the owner of the supposedly damaged car because of fraud if you don't receive any details.

Regards

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