Insurance claim in Germany, from a German driver-Questions

[sim16v]

I had a collision in Germany on a certain de restricted one way toll road a few years ago and the other party has finally been found 100% at fault so good news there.


However, the other person's insurance company, in my opinion, are now being difficult with regards to settlement of my claim.

They have agreed 100% to pay for my car and the barriers that were damaged, but they are saying they aren't willing to pay my recovery fees and storage fees in Germany and back in the UK as they are more excessive than would normally be allowed in Germany.

From my investigation, my costs are much less than an English person would be charged in Germany, but I have asked German based friends to get quotes, and they are similar to what I have claimed.

In my opinion, this sounds to me like the German insurers are trying to fob off the foreigner with duff information.

Does anyone have experience of dealing with German insurance companies?

If so, what would normally be allowed to be claimed for?


I have put receipts in for every cost claimed, and a full explanation as to why it has been claimed, but at the moment they have dismissed it.

Because of this I have asked my solicitors to take them to court and let the courts decide what is actually due.

However, as they are being difficult, I have now said I want paying for my time in writing and replying to any correspondence to date, and interest on all costs incurred.

Would it be normal to ask for that as well?


Thanks for any input,

Simon

[TomJS]

Move this post to speed plod & the law.

You'll be suing outside of the jurisdiction. So that will insert further delays as time for responses is IIRC 6 weeks as opposed to 2 weeks.

Those who regularly deal with foreign claims will know more.

[freakynessless]

If Ze German insurers have admitted liability, I would be very suprised if they let this get all the way court. In the end, it will just end up costing them more money than what you are asking for now.
You might have to drag them kicking and screaming but, in the end, if you press for what you are asking and can back it up with evidence you should get what you ask for.

Good luck

[gherkins]

They're probably just trying it on in the hope you won't pursue. However, knowing how things work here, even with a Court ruling in your favour, you'll be lucky to see the money.

Good luck.

[sim16v]

TomJS said:

Move this post to speed plod & the law.

You'll be suing outside of the jurisdiction. So that will insert further delays as time for responses is IIRC 6 weeks as opposed to 2 weeks.

Those who regularly deal with foreign claims will know more.

Thanks, should have put it in there first!


Can a mod move it please?

Or can someone let me know who a mod is so i can ask them

Edited by sim16v on Wednesday 2nd March 16:18

[davepoth]

If you're fully comp, you have legal cover which should work abroad. Even if the accident was on "a derestricted one way toll road".

[Uhura fighter]

sim16v said:

Thanks, should have put it in there first!


Can a mod move it please?

Or can someone let me know who a mod is so i can ask them

Hit the report button on your post and put in the text box (in the page that opens) the reason you want it moved.

hth.

[R1 Loon]

davepoth said:

If you're fully comp, you have legal cover which should work abroad. Even if the accident was on "a derestricted one way toll road".

You think? Check your policy and it will either specifically state the Nurburgring is excluded or a phrase that is fully legal that excludes all track use. Cue all the pedants arguing an unwinnable point btw.

Your solicitors should know that under the EU 4th Directive that you may bring proceedings in a jurisdiction of your choice, which should be the UK for ease for yourself and scare them with the potential costs incurred. You can not sue for your time involved in resolving the claim, however you can add interest at 8% simple from the date of any proceedings.

[sim16v]

Uhura fighter said:

Hit the report button on your post and put in the text box (in the page that opens) the reason you want it moved.

hth.

Thanks, I've asked them.


I've had full legal cover for the duration (have it in writing on numerous letters from my insurers/solicitors) and I have it in writing that the other party is 100% at fault.

The other party's insurance company have agreed to pay approximately 70% of my claim to date (100% car, barriers & legal fees) so i will be expecting a payout eventually, it is the final total that I think the other party's insurance company are being a bit awkward about.