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Looking for help to walk through the process of...
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Author:  Chevroletfreak [ Thu Mar 15, 2007 3:37 pm ]
Post subject:  Looking for help to walk through the process of...
an auto accident. I am looking for someone that has had experience here because I am getting SCREWED!

I was recently in a complicated accident on the autobahn totaling the Z. I ended up getting an of base lawyer to help represent me because I am not at fault...however, I am being charged along with someone else that was involved.

So far, I am out a car and this is costing a s**t load. I want to ensure we are taking the right steps.

Please post if you can help point me in the right direction. Pm me if that is better.
Author:  Squirrelina [ Thu Mar 15, 2007 6:13 pm ]
Post subject: 
First you need to define what insurance (liability, part or full coverage ...) you have.

Are you AAA or ADAC member, they may be able to help with hints and/or lawyers.

Was the police there (MP, German), what does the police reports say, get a copy (MP is keeping them for you for a recent time frame) - the police report is the MOST IMPORTANT part

Depending on the insurance, 9 times out of 10, the insurances of all parties calculate the guilt and damage parts in between them ... if you have not such a cheap "online only basic coverage" insurance with no assistance.
Good insurance companies have their own lawyers to defend their payments.
They base their calculation and decision on police reports, if not available on involved parties/witnesses.

Everything is based on very individual cases, there is no "general" advise.

One time when I was sure to be right I hired a private lawyer, even without having an insurance coverage for that, and when I won the case the opposite party had to pay:
for the damage to my car,
for my rental,
and for my lawyer.
Author:  Chevroletfreak [ Fri Mar 16, 2007 12:28 am ]
Post subject: 
Thanks Silke.

I have full coverage through USAA and am not a member of any of the automotive clubs.

Both the MPs frp, Baumholder and the German police were there. Unfortunately, the plice report sounds like it will take a LONG time. It has already been a month and they are apparently still trying to recreat the accident.

The German police are charging me and the guy that started the accident with failure to reduce speed (autobahn no speed zone) and negligent injuries. To make a very long story short, I was on the autobahn and ended up hitting a vehicle that was already involved in an accident and had flipped over. There was nothing I could do.

I am definately hoping to plead my case and get all of this stuff paid for, but man it is expensive. I have to pay about 500E for towing and storage, 600E for the lawyer (so far with no estimate of the future costs), 900E for a savestandiger (German car appraisal) and new glasses because mine disappeared from the airbags AND I am without a car! It just keeps adding up with no end in sight.

All the lawyer tells us is that it may be a year before anything gets settled and we have to front the dough now....arghhh.
Author:  Garry [ Fri Mar 16, 2007 5:39 am ]
Post subject: 
Sounds like a lot of BS to me - can't you get JAG involved?

Apart from that - german law has a advised speed of 130k if there is no speed limit posted, though this is dependent of the road conditions. OTOH, if the accident most likely couldn't have been avoided at slower speed, going faster might still not be counted against you.
Author:  Roy [ Fri Mar 16, 2007 7:06 am ]
Post subject: 
Chevroletfreak wrote:
Thanks Silke.


The German police are charging me and the guy that started the accident with failure to reduce speed (autobahn no speed zone) and negligent injuries. To make a very long story short, I was on the autobahn and ended up hitting a vehicle that was already involved in an accident and had flipped over. There was nothing I could do.



Don't get butt hurt on me , I am just gonna tell it like it is.
Okay even though the autobahn is unlimited there is a recommended 130 kph. Any thing above that and the driver assumes some blame and liability for accidents.The fact that you ran into a car that had an accident only further cements with the fact that that the you were driving too fast for conditions at the time, not aware of your current surroundings thus you were negligent on your part to avoid an accident . Also weather and time of day was probably factored in also driving too fast for conditions .
The kicker that is the hinge is you hit another car .

I don't know I wasn't there so don't get upset on me.
Some tips for the future
1. Get a Traffic accident lawyer.
2. Get ADAC Plus for the next time.
3. Have a camera.
4. Write your statement imediately down on what happen.

I wa punted through a stoplight in Wiesaden in my EScort by a garbage truck. It took 16months to close book on that fiasco. The city wasn't going down without a fight .
Author:  Chevroletfreak [ Fri Mar 16, 2007 8:49 am ]
Post subject: 
The JAG wont defend off-base. All they will do is give advise.

Roy....just tell it like it is :)

I have been dealing with this for about a month now. The 130KPH limit seems to be a rumor to me....I have heard it also. Either that OR it is a way out for insurance so they don't have to pay your claim. I will try to remember to ask my lawyer.

My lawyer gave me an example of what the charge means. If I were driving through a small town at the speed limit of 50KPH in the middle of a sunny day and a kid jumped right in front of me between two parked cars causing me to hit him, I would be charged the same thing. Nonreduction of speed. It has nothing to do with going over 130.

Quote:
16months to close book



:shock: :shock: :shock:

Did you get a lawyer?
Author:  Roy [ Fri Mar 16, 2007 10:28 am ]
Post subject: 
Yes
I got one that specialized in TA cases after the first one was deemed a friggen gehoren behindert.
Best of luck closing the books on this. But I think your pretty much hosed with that charge especially after tagging the car that wrecked.

Her is an excerpt translated about Autobahn speeds
Quote:
Despite the widespread belief of complete freedom from speed limits (and a lobbying effort that has the same influence and deep pockets as the American gun lobby), some speed regulations can be found on the Autobahns. Many sections do indeed have posted limits ranging from 80 to 120 km/h (50-75 mph), particularly those with dangerous curves, in urban areas, near major interchanges, or with unusually constant heavy traffic. In construction zones, the limit may be as low as 60 km/h (37 mph). Also, some sections now feature nighttime and wet-weather speed restrictions, and trucks are always regulated (see table below). Still, about half the Autobahn system has no speed limit, but there is always an advisory limit of 130 km/h (81 mph). This recommendation is generally seen for what it is-- an attempt by the government to cover itself without having to upset millions of Porsche and BMW owners (AKA voters.) However, if you exceed the advisory limit and are involved in an accident, you could be responsible for some of the damage costs even if you are not at fault.
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