Best Car Accident Lawyers in Kitzingen

About Car Accident Law in Kitzingen, Germany

Car accident cases in Kitzingen are governed by German law and handled through local authorities and courts in Bavaria. Most claims are civil matters based on the German Road Traffic Act and the Civil Code. Every vehicle must carry liability insurance, and injured parties typically claim against the at-fault driver and their insurer for property damage, medical costs, lost income, and pain and suffering. Depending on the facts, administrative offenses or criminal charges can also arise, such as drink driving or leaving the scene. Local police in Kitzingen document accidents, and civil disputes are brought before the local district court or the regional court in Würzburg depending on the value of the claim.

Why You May Need a Lawyer

Accidents often involve complex liability questions and strict deadlines. A lawyer can protect your rights if fault is disputed, if you suffered injuries, or if your vehicle is a total loss. Insurers may undervalue repairs, depreciation, rental car needs, or pain and suffering, and a lawyer helps build evidence with independent experts. If you face fines, points, or a license suspension, legal help is important for your defense. Cross border issues with foreign plates, hit-and-run incidents, uninsured drivers, or multiple vehicle pile-ups also benefit from legal representation. If you were not at fault, the opposing insurer usually has to cover reasonable lawyer fees as part of your damages.

Local Laws Overview

Stopping, securing, and first aid are mandatory at any accident. Call 112 for medical emergencies and 110 for police. Exchange names, addresses, plate numbers, and insurance details. If only property damage occurred and no one is present, you must wait a reasonable time and then notify police. Leaving without this is a criminal offense. Never admit fault at the scene. Take photos, note weather and road conditions, and collect witness contacts.

Liability is primarily governed by the Road Traffic Act. Vehicle owners and drivers are generally liable, subject to fault and the inherent operating risk of a vehicle. Fault can be shared, and compensation is reduced by contributory negligence and the vehicle risk share. Claims are calculated under the Civil Code, including repair costs, replacement value in case of total loss, towing, storage, expert fees, depreciation, loss of use or a comparable rental car, medical costs, and pain and suffering. Value added tax is reimbursed only if it is actually incurred. The 130 percent rule allows repairs up to 130 percent of replacement value in specific cases if you repair professionally and keep the car for a time.

Victims have the right to choose an independent automotive expert and a repair shop. If you are not at fault, necessary expert and lawyer costs are part of your damages. Report the accident to your insurer promptly, usually within one week or as your policy requires, and immediately if you caused the accident or someone was injured.

Traffic offenses are governed by the Road Traffic Regulations and the Fines Catalogue. In Bavaria, fines and points are recorded at the Federal Motor Transport Authority. There is a zero alcohol limit for novice drivers and a 0.5 per mille threshold for administrative offenses for others. From 1.1 per mille, criminal liability is typical for drivers. Evidence from dashcams may be admissible in individual cases, but data protection rules apply. The general limitation period for civil claims is three years, beginning at the end of the year in which you knew about the damage and the liable party, with longer absolute limits in some cases.

Kitzingen matters are typically handled by the local police, the District Office for licensing and administrative issues, and the local District Court. Higher value civil cases are heard by the Regional Court in Würzburg. Criminal proceedings are handled by the public prosecutor in Würzburg.

Frequently Asked Questions

What should I do immediately after a car accident in Kitzingen

Ensure safety, turn on hazard lights, set a warning triangle, and give first aid. Call 112 if anyone is injured and 110 for the police if there are injuries, significant damage, unclear fault, or disputes. Exchange details with other parties, take photographs, record witnesses, and avoid admitting fault. Seek medical attention even for minor symptoms and report the accident to your insurer promptly.

Do I always need to call the police

Call the police if there are injuries, high damage, suspected alcohol or drug use, hit-and-run, foreign vehicles, or disagreements. For minor property damage where all parties agree and details are exchanged, police attendance may not be necessary, but you should still document the scene carefully. If property was damaged and the owner is absent, you must wait for a reasonable period and then inform the police.

How is fault determined under German law

Fault is assessed based on traffic rules, behavior, and evidence. Even without clear fault, the operating risk of a vehicle can lead to partial liability. Contributory negligence, such as speeding or using unsuitable tires in winter conditions, reduces recovery. Police reports, witness statements, expert reconstructions, and dashcam footage may all be considered.

Who pays for my damages if I am not at fault

You usually claim directly against the at-fault party and their liability insurer. Recoverable items include repair or replacement, towing, storage, an independent expert, depreciation, rental car or loss of use, medical expenses, lost wages, and pain and suffering. Reasonable lawyer fees are also part of your damages.

Can I choose my own repair shop and expert

Yes. You may select an independent automotive expert and a repair shop of your choice. You are not obliged to use the opposing insurer's partners. Keep all invoices and reports, and follow professional repair recommendations. For total loss, discuss replacement and salvage values with your expert and lawyer.

What if both drivers share blame

If fault is shared, compensation is apportioned. Courts and insurers apply percentages based on each party's contribution and the inherent vehicle risk. Your recovery may be reduced accordingly, and you may owe part of the other party's damages.

How is pain and suffering calculated

Pain and suffering depends on injury type, duration, treatment, long term effects, and comparable case law. Medical documentation is critical. Keep a symptom diary, therapy records, and receipts. Settlements often reference established compensation tables and previous judgments.

What deadlines apply

Civil claims usually expire after three years from the end of the year in which you knew of the damage and the liable party. Some administrative deadlines are short, such as two weeks to object to a fine notice. Insurance policies require prompt notice, often within one week. Seek legal advice quickly to preserve evidence and meet all time limits.

What if the other driver is uninsured or fled the scene

Report immediately to the police. For uninsured or unknown vehicles, claims may be handled by the German compensation body for road traffic victims. A lawyer can help prepare the application and coordinate with authorities and insurers.

Should I use a rental car or claim loss of use

If you need mobility for work or essential tasks, a comparable rental car is reimbursable for the repair period, subject to your duty to mitigate costs. If you choose not to rent, you can usually claim a daily loss of use payment based on your vehicle class. Keep proof of necessity and rates.

Additional Resources

Polizeiinspektion Kitzingen - local police station for accident reports and assistance.

Landratsamt Kitzingen - District Office and road traffic authority for driver licensing and administrative matters.

Amtsgericht Kitzingen - District Court for local civil and criminal proceedings.

Landgericht Würzburg - Regional Court for higher value civil cases and appeals.

Staatsanwaltschaft Würzburg - Public Prosecutor for criminal traffic matters.

Kraftfahrt Bundesamt - Federal Motor Transport Authority for points and licensing records in the Fahreignungsregister.

Verkehrsopferhilfe e.V. - German body for compensation in cases with uninsured or unknown vehicles.

Deutsches Büro Grüne Karte e.V. - German Green Card Bureau for accidents involving foreign vehicles.

Versicherungsombudsmann e.V. - Insurance ombudsman for out of court dispute resolution with insurers.

ADAC, DEKRA, TÜV - organizations offering accident guidance and independent vehicle inspections or expert assessments.

Emergency numbers in Germany - 112 for medical emergencies and 110 for police.

Next Steps

Prioritize safety and medical care. Secure the scene, call emergency services if needed, and document everything with photos, a sketch, and witness details. Exchange personal and insurance information and never admit fault. Notify your insurer quickly and keep copies of all documents. Arrange an independent expert for vehicle assessment and obtain repair or replacement cost estimates. Consult a traffic law lawyer in or near Kitzingen as early as possible to evaluate liability, calculate complete damages, handle communications with insurers, and meet all deadlines. Follow medical advice, keep a record of symptoms and treatment, and collect proof of expenses and lost income. If you receive a fine notice or face a license issue, seek immediate legal advice because objection periods are short. If the other party is uninsured or unknown, your lawyer can coordinate with the appropriate compensation bodies.