What can I do if the other driver or their insurer does not respond after an accident in Germany?
In short
If the other driver or their insurer does not respond, claim directly from their motor liability insurer (Kfz-Haftpflichtversicherung). In Germany it must send a reasoned offer or a reasoned reply within three months of receiving your claim. What you can do: send a written reminder with a deadline, then claim interest and, if needed, go to court. The driver personally does not have to answer you.
This is how it runs if your written claim reaches the other driver's insurer on 2 March.
Claim with assessor's report received
2 March
Reminder with deadline
early April
Legal deadline ends
2 June
From then on
interest on EUR 4,800, court action possible
Without an offer by 2 June the insurer owes interest. If you need the money sooner, your own comprehensive cover can pay first.
Why the other driver can stay silent
Many people wait for the other driver to get in touch after an accident. In Germany they do not have to. They only have to report the accident to their own motor liability insurer, and that insurer is the one that pays you.
German law gives you a direct claim (Direktanspruch) against that insurer. You find out which insurer it is through the licence plate, by asking the central call service of German motor insurers (Zentralruf der Autoversicherer).
The three-month deadline for the insurer
Under § 3a of the Compulsory Insurance Act (Pflichtversicherungsgesetz), the insurer must respond without culpable delay and at the latest three months after receiving your claim. If liability is clear and your loss is quantified, it owes a reasoned offer. If fault is still disputed, a reasoned reply is enough.
The clock starts only when your claim arrives. A phone call hardly counts, so send a written claim with invoices or an assessor's report and keep proof of delivery.
If the three months pass without an offer, the insurer must pay interest on your claim at 5 percentage points above the base rate. Any further claims you have remain intact.
When
What applies
Accident
secure evidence, note the plate and the other driver's insurer
Claim sent
three-month deadline starts on receipt
About four weeks without reply
written reminder with a two-week deadline (rule of thumb from practice)
Three months without an offer
interest claim, court action possible
Rejection in writing
pause on the limitation period ends
If the insurer replies but does not pay
Often you only get a letter saying the case is still being reviewed, or the insurer is waiting for its own customer's statement. That does not stop the legal deadline. If the insurer disputes fault, it has to give reasons.
If you were not at fault, the other side's insurer usually also has to pay your lawyer as part of the damage. A lawyer specialising in traffic law (Fachanwalt für Verkehrsrecht) is worth it above all for injuries, disputed fault or when the insurer cuts your claim.
Unknown or uninsured other driver
If the other driver fled and cannot be identified, had no insurance or caused the accident deliberately, the compensation fund Verkehrsopferhilfe steps in. You have to show credibly that you cannot get compensation elsewhere.
For an unidentified vehicle the fund pays property damage only above EUR 500, and damage to your own car only if someone was also seriously injured. Your own fully comprehensive cover (Vollkasko) is the better protection for this gap.
When your own comprehensive cover helps
With fully comprehensive cover you can also claim from your own insurer and let it recover the money from the other side later. That brings money quickly, but you first carry your excess and your no-claims class may be affected until the other insurer pays.
Whether that is worth it depends on the size of the damage and how clear the other driver's fault is. With clear liability and a small loss, patience plus a reminder and interest is often cheaper.
Step by step
Note the other car's plate and find its insurer through the central call service.
Send your claim in writing to that insurer with photos, invoice or assessor's report.
Keep proof of delivery, for example registered mail or an email confirmation.
After about four weeks without a reply, send a reminder with a deadline.
After three months without an offer, claim interest and instruct a traffic law specialist.
Checklist
Plate, name and insurer of the other driver
Photos, witnesses and the accident report
Written claim with evidence
Proof of the date your claim arrived
Three-month deadline in your calendar
Common mistakes
Waiting for months for the other driver to call
Claiming only by phone without proof of delivery
Not reporting a hit and run to the police and so risking the compensation fund
Using your comprehensive cover without weighing the excess and the no-claims loss
Questions and answers
Frequently asked
Does the other driver have to reply to me?
No.
They report the accident to their insurer.
You claim your money directly from that motor liability insurer.
How long may the other driver's insurer take?
Three months at most from receipt of your claim.
Then a reasoned offer or a reasoned reply is due.
What if the other driver never reports the accident?
That does not change your claim.
The insurer still has to examine it and respond, and it can contact its customer itself.
Who pays my lawyer?
If you were not at fault, usually the other driver's insurer, to the extent it is liable.
If you share the blame, you carry part yourself.
I do not speak German well. Can I write in English?
You can, but a claim in German avoids delays.
Use the European accident report form, which exists in identical versions in many languages.
