Best Car Accident Lawyers in Arlesheim

About Car Accident Law in Arlesheim, Switzerland

Car accident issues in Arlesheim are governed primarily by Swiss federal law, applied and enforced locally in the canton of Basel-Landschaft. The Swiss Road Traffic Act and its ordinances set the traffic rules, define who is liable after a collision, and require every motor vehicle to carry third-party liability insurance. Civil compensation for injuries and property damage is handled under the Swiss Code of Obligations, while administrative measures like license suspensions are decided by the cantonal road traffic authority. If an accident involves injuries or serious rule violations, the public prosecutor can open a criminal case. Because Arlesheim lies near international borders, cross-border issues involving foreign vehicles or insurers arise regularly.

Why You May Need a Lawyer

A lawyer can help you protect your rights, maximize compensation, and avoid missteps in situations such as contested liability, serious injuries with long-term consequences, low or premature settlement offers, hit-and-run or uninsured driver claims, accidents involving foreign drivers or rental cars, administrative license measures after an offense, parallel criminal proceedings for negligent injury or drink-driving, complex medical or technical evidence, coordination of benefits between health insurance, accident insurance, and liability insurance, and compliance with strict deadlines for insurer notifications, objections to penal orders, or appeals against license suspensions. Legal support is also useful if you hold traffic legal expenses insurance and want to use it, or if you need court-approved free legal aid due to financial hardship.

Local Laws Overview

Compulsory insurance and strict liability - Every vehicle owner must carry third-party liability insurance. The keeper of a vehicle is generally strictly liable for damage caused by the operation of that vehicle, even without personal fault. Liability can be reduced or excluded if damage is caused mainly by force majeure, by the gross fault of a third party, or by the injured party. Fault still matters for recourse between involved persons and for administrative and criminal consequences.

Direct claim against the insurer - Injured persons may bring claims directly against the at-fault vehicle’s liability insurer. This is practical and often faster than pursuing only the driver or owner.

Compensation scope - Recoverable items typically include medical treatment and rehabilitation costs, loss of earnings, household damage for lost capacity to do domestic work, care and assistance costs, travel expenses to treatment, pain-and-suffering compensation in severe injury or death cases, and property losses including repair or total loss value, towing, storage, and depreciation if applicable.

Comparative fault - If a claimant shares responsibility, compensation is reduced proportionally. Examples include speeding, distraction, or inappropriate tires for winter conditions.

Health and accident insurance - Basic health insurance covers medical costs subject to deductible and co-pay. Employees often have mandatory accident insurance that can cover treatment and daily allowances after non-work accidents. Ultimately, the at-fault liability insurer reimburses those payers through coordination rules.

Criminal and administrative measures - Traffic offenses can lead to fines or criminal penalties and to administrative action by the Basel-Landschaft road traffic office, including license warnings and suspensions. For serious speeding and high-risk behavior, minimum suspensions and custodial sentences can apply under Via sicura rules.

Alcohol and drugs - The general legal blood alcohol limit is 0.5 per mille. For learner, probationary, and certain professional drivers, the limit is 0.1 per mille. Driving under the influence leads to criminal charges and likely license suspension.

Seat belts and child seats - Seat belts are mandatory for all occupants. Children must use an appropriate child restraint up to 12 years of age or 150 cm body height.

Winter tires - Not legally mandatory, but strongly recommended. If you drive with unsuitable tires and cause or worsen an accident, you can be fined and held partly liable for resulting damage.

Mobile phone use - Hand-held phone use while driving is prohibited. Use only hands-free equipment and keep full control of the vehicle.

Duty to stop and report - You must stop after an accident, secure the scene, render first aid, and exchange details. Accidents with injuries, with animals, or with damage to third-party property like guardrails must be reported to the police. Leaving the scene can trigger criminal and administrative consequences.

Police reporting and minor accidents - For minor property-only accidents where both parties agree on the facts, you can complete the European Accident Statement and typically do not need police on site. If there is disagreement, injury, major damage, or damage to public infrastructure, call the police.

Time limits - Most civil claims from accidents are time-barred 3 years after you learned of the damage and the liable person, and no later than 20 years after the accident. Claims under your own casco or legal expenses policy may have shorter contractual deadlines, often 2 years. Objections to penal orders typically must be filed within 10 days. Appeals against license measures also have short deadlines.

Uninsured and foreign vehicles - If the at-fault vehicle is unknown or uninsured, the Swiss National Guarantee Fund can step in, especially for personal injuries. Accidents involving foreign vehicles are coordinated through the Swiss National Bureau of Insurance.

Courts and language - Civil claims are handled by the Basel-Landschaft district courts under the Swiss Civil Procedure Code. Proceedings are typically in German. Court costs and party compensation follow cantonal tariffs, and simplified procedures apply to smaller claims.

Frequently Asked Questions

What should I do immediately after a car accident in Arlesheim

Ensure safety, switch on hazard lights, use a warning triangle, and call 144 for medical emergencies, 117 for police, or 118 for fire if needed. Provide first aid if safe. Exchange names, addresses, phone numbers, license plates, insurer details, and policy numbers. Photograph positions of vehicles, damage, road marks, and surroundings. Identify and note witnesses. Fill in the European Accident Statement carefully without guessing. Seek medical evaluation promptly, ideally the same day, even for minor symptoms. Notify your insurer and any legal expenses insurer as soon as possible, ideally within 24 to 48 hours.

Do I have to call the police after every accident

No. For minor property-only accidents with agreement on the facts, you can complete the European Accident Statement and move vehicles to keep traffic flowing. You must call the police if anyone is injured, if there is disagreement or suspicion of an offense like drink-driving, if public infrastructure or animals are involved, or if the other party refuses to share details. Never leave the scene without taking reasonable steps to identify yourself and to notify the affected parties or the police.

Who pays for my medical treatment

Your basic health insurer or your mandatory accident insurer typically pays first. If you are employed at least 8 hours per week, your employer’s accident insurer usually covers non-work accidents, including daily allowances for time off work. If you are not covered by accident insurance, your health insurer pays subject to deductible and co-pay. The at-fault party’s liability insurer must ultimately reimburse these costs. Keep all medical records and invoices, and avoid signing broad medical releases for an opposing insurer without advice.

How is fault determined, and what does strict liability of the vehicle owner mean

Police reports, witness statements, expert opinions, and traffic rules are used to assess fault. The vehicle owner is generally strictly liable for damage caused by the operation of the vehicle, regardless of personal fault. However, liability can be reduced or excluded if damage was mainly caused by force majeure, a third party, or the victim’s gross fault. Fault still plays a role in recourse between parties and in administrative or criminal consequences for the driver. Shared fault by any participant reduces compensation proportionally.

What compensation can I claim after a car accident

Common items include medical and rehabilitation costs, loss of earnings, household damage for reduced ability to perform domestic tasks, assistance and care costs, travel to treatment, pain-and-suffering compensation in severe injury or fatality cases, and property losses such as repair costs, total loss market value, towing and storage, and depreciation if applicable. Each item must be proven with documents and expert reports where needed.

What are the deadlines to make a claim

Most civil claims prescribe 3 years after you knew of the damage and the liable party, and no later than 20 years after the accident. Contractual claims under your own casco or legal expenses policy may have 2-year limits. Objections to penal orders usually must be filed within 10 days, and appeals against license suspensions within short statutory periods. Notify insurers promptly and seek legal advice early to avoid missing deadlines.

What if the other driver is uninsured or flees the scene

Report the accident to the police immediately and gather as much information as possible, including witnesses and photos. The Swiss National Guarantee Fund can compensate victims in cases of unknown or uninsured vehicles, especially for personal injuries. Your own casco insurance can cover your vehicle damage if you have that coverage. Strict reporting and cooperation duties apply, so act quickly.

Will I lose my driving license after an accident

Not automatically. The Basel-Landschaft road traffic authority reviews each case. Minor violations may lead to a warning, while serious offenses like substantial speeding, driving under the influence, or causing serious injury can result in suspensions of months or longer. Learner and probationary drivers face stricter rules, including a very low alcohol limit and potential probation extension or cancellation. You can appeal measures within short deadlines.

Should I give a statement to the other party’s insurer or sign their forms

Provide truthful basic information, but be cautious about detailed recorded statements or broad medical authorizations requested by the opposing insurer. You have no obligation to speculate about fault or injuries. Consult your own insurer or a lawyer before signing documents or accepting settlements. Keep communications factual and preserve all evidence.

Can I claim a rental car or compensation for loss of use

Rental car costs are reimbursable if they are necessary and reasonable in scope and price while your vehicle is being repaired or replaced. If you do not rent a car, pure loss-of-use compensation for private vehicles is limited and not always granted, unless you can show concrete disadvantages. For business vehicles, provable loss of income is compensable. Always keep invoices and choose an economical option.

Additional Resources

Emergency services - call 117 for police, 144 for ambulance, 118 for fire. These numbers work throughout Switzerland, including Arlesheim.

Polizei Basel-Landschaft - cantonal police for accident reporting, witness coordination, and criminal investigations.

Motorfahrzeugkontrolle Basel-Landschaft - the road traffic authority for administrative measures, driving license issues, and vehicle inspections.

Staatsanwaltschaft Basel-Landschaft - public prosecutor handling traffic offenses and penal orders.

District courts in Basel-Landschaft - civil courts that hear personal injury and property damage claims arising from accidents.

Nationales Versicherungsbüro Schweiz and Nationale Garantiefonds - coordination office for foreign vehicle claims and compensation fund for uninsured or unknown vehicle cases.

Ombudsman der Privatversicherung und der Suva - neutral body for free assistance in disputes with private insurers or Suva.

Suva and other UVG accident insurers - for employees’ accident coverage, rehabilitation, daily allowances, and disability benefits.

Your traffic legal expenses insurer - check your policy for coverage of lawyer fees, expert opinions, and litigation costs after road accidents.

European Accident Statement - standard form for documenting the facts of a collision, often available from your insurer or kept in the vehicle.

Next Steps

Document everything - photographs, dashcam files if available, police and medical reports, invoices, pay slips, and correspondence. Keep a symptom and treatment diary.

Notify insurers promptly - inform your liability insurer, casco insurer if you have one, accident insurer if you are an employee, and legal expenses insurer. Ask for claim numbers and keep copies of all submissions.

Get medical care early - prompt diagnosis helps your recovery and supports your claim. Follow medical advice and attend all appointments.

Do not admit fault prematurely - stick to facts. Let experts and authorities determine liability.

Obey deadlines - objection to penal orders, appeals against license measures, and civil claim limitation periods are short and strict. Act early.

Consider a legal consultation - an Arlesheim or Basel-Landschaft lawyer experienced in traffic and insurance law can assess liability, quantify damages, coordinate with multiple insurers, and represent you in negotiations or court. If you have legal expenses insurance, request written confirmation of coverage. If you cannot afford a lawyer and your case has merit, ask about free legal aid.

Choose sensible repairs and rentals - agree repair estimates in writing, ask your insurer about preferred procedures, and pick an economical rental if needed to avoid deduction disputes.

Stay organized and patient - accident claims can take time, especially with injuries. Regularly follow up with insurers and healthcare providers, and keep a clear file so you can respond quickly to requests.