The injured party is owed more than metal: diminished value, a rental car or a use-loss allowance, towing — and a lawyer at the liable insurer expense.
✓ Verified: 18/07/2026
WHAT TO DO
The cancellation window opens with the settlement and closes a month later, so the comparison belongs inside it: Check24 Kfz↗ and Tarifcheck↗ price the premium against your SF class. When the other driver was at fault your class is untouched, so the price can only move in your favour.
The insurer cut my 4200 € estimate to 3100 with equivalent parts. One lawyer letter — full payment plus his fee: with the other side at fault the lawyer is free for you, use that from day one.
👩🏼💼
Lea recommends:
Claim loss-of-use for every carless day if you skip the rental: 23–59 € daily by vehicle class. This is the position insurers forget most fondly.
FREQUENTLY ASKED QUESTIONS
Settling on the estimate without repairing — allowed?▾
Yes, fictitious settlement: take the money per the report and decide yourself. VAT is then not paid out, and honesty about unrepaired damage is mandatory when selling.
The insurer sends its own assessor — must I agree?▾
No: with the other party at fault and notable damage you may hire an INDEPENDENT expert at the at-fault party expense. The insurer assessor saves the insurer money; yours saves yours.
Do I also get compensation for injuries (Schmerzensgeld)?▾
Yes: for personal injury there is Schmerzensgeld on top of the property damage, plus treatment costs and lost earnings. Even whiplash counts — document it medically and claim it through a lawyer.
The insurer stalls and cuts items — normal?▾
The cutting practice exists, which is why the lawyer is effectively free for victims: the fee is part of the damage. With a lawyer, items suddenly reappear.