The rights of claims settlement in the event of an accident that was not the fault of the victim are clearly regulated. Anyone who is involved in an accident through no fault of their own is entitled to a number of rights as the injured party. Which claims the injured party can assert is only determined once the question of fault has been clearly established. This is what traffic law enforcement officers are needed for.
The first steps after an accident
No matter how severe and serious the accident per se may be, the first action must always be to call the police. The traffic police will record the accident. If there is a legal dispute later, this report is of great importance for the innocent injured party. Only with the confirmation of the police, whereby the course of events of the accident is exactly and in detail recorded, the injured party has the necessary evidence to be able to claim his rights.
What mistakes should be avoided in the case of accidents that are not one’s fault – what should be considered?
An accident is an unpleasant and at the same time difficult matter, which is connected with different obligations and rights. A gross mistake is to try to handle the claims process yourself. Taking photos, making an accident sketch, contacting the other party’s accident company, etc., all these steps of taking the initiative do not lead to the desired success when things get tough in court.
At the scene of the accident, there is one thing to remember: Stay calm! What has happened cannot be undone. Attacking the other party in the accident verbally or in any other way makes little sense, because aggressive behavior benefits no one. It is much more important to secure the accident site immediately and to keep an overview. In the case of minor accident damage, so-called settlement protocols are possible. However, these should only be signed by both sides if no other claims want to be asserted. If significant damage has occurred in the accident, the claim of the injured party who is not at fault must be reported to the opposing obligation as soon as possible. If the injured party waits too long to report the damage, it will become increasingly difficult for him to prove the actual damage and thus to assert all his claims.
Why is it important to hire an independent motor vehicle appraiser?
An independent motor vehicle appraiser objectively and thus quite impartially records the damages incurred in the accident. He takes a close look at the damage and draws up an accident report based on his analyses. This documents all the defects that can be traced back to the accident, and he also estimates the cost of repair, if this is possible.
After an accident for which the vehicle was not at fault, the expert opinion of an independent motor vehicle assessor is important because his damage report goes far beyond the scope of a cost estimate prepared by a motor vehicle repair shop. If repair is impossible, the independent motor vehicle appraiser can determine the replacement value or the current value of the vehicle. In this way, an appraisal covers possible additional and subsequent costs that are not included in an ordinary estimate.
How to find an independent appraiser?
Unfortunately, it is not so easy to find the right independent appraiser. Objectivity and qualification are sometimes thin on the ground when it comes to appraisers.
What does an independent expert opinion cost?
The more severely the vehicle was damaged, the higher the expert’s fee. The more serious the damage to the car, the longer the appraiser will need. The costs are calculated on the basis of corresponding tables. The fixed amounts that are charged for certain services are based on these tables. Depending on the damage incurred, the independent expert opinion may cost a lot or less. If the amount of damage including GST is 2,000 dollars, the basic fee of the expert ranges from 265 to 355 dollars. If the amount of damage is around 20,000 dollars, then the expert receives a fee of between 940 and 1,355 dollars.
However, in the case of accidents without fault, the fee is settled by most independent experts with the opposing insurance company, so that the injured party does not incur any costs for this. With the following independent experts, the accident appraisal is free of charge in the case of accidents without fault.
source - https://www.waautoparts.com.au/accident-without-fault-and-what-now/
source https://waautoparts.blogspot.com/2022/08/accident-without-fault-and-what-now.html
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