How much are the legal fees for personal injury

Liability insurance benefits

General information

Compensation obligations that arise in the event of an accident are up to a specified amount by the statutory vehicle liability insurance covered.

Danger

These regulations apply to everyone EU citizens in Austria.

Since January 1, 2017 the statutory Minimum sum insured for cars7.6 million euros. Within this sum, 6.3 million euros are earmarked for personal injury and 1.3 million euros for property damage.

Should that caused Damage higher than the sum insured, the driver responsible must guilty drivers even for that Difference come up.

Many insurance companies offer that Sum insured against a premium increase. In some cases, additional insurance is also provided without paying an increased premium.

The true scope of the insurance benefits is limited by the sum insured, which results from the actually concluded motor vehicle insurance variant or from additional, privately concluded insurance, such as

  • Liability insurance with an increased sum insured
  • Partial insurance
  • Fully comprehensive insurance
  • Passenger insurance for the driver and the occupants

Bonus-malus system

Austrian insurance companies work - especially for private vehicles - with the bonus-malus system, according to which claims-free years reduce the premium to be paid (no-claims discount). If, on the other hand, damage was reported, a higher premium must be paid. The bonus-malus system can differ from one insurance company to another. In the case of EU citizens who take out liability insurance when registering their vehicle in Austria, they are not obliged to take into account their previous claims history in another EU country, but in practice they often do so.

Danger

The own Motor vehicle liability insurance In the case of personal negligence, usually covers the damage suffered by the other party involved in the accident, Not however the own harm. To get this replaced too, there is one Comprehensive insurance necessary.

Information on product details of motor vehicle and two-wheeler insurances can be obtained from the insurance companies operating in Austria and the ÖAMTC and ARBÖ motoring clubs.

If an accident is caused, the insurance company requires the driver of the accident in certain cases to do so regress for the damage caused, e.g. when driving in intoxicated state or driving without driving license.

Note

Under certain circumstances, the vehicle owner becomes liable after the Railway and Motor Vehicle Liability Act (EKHG) into consideration, which is independent of fault. This must be assessed on a case-by-case basis. It is advisable to seek expert advice, e.g. from the lawyers of the motoring clubs ÖAMTC and ARBÖ or from lawyers.

Claims for a traffic accident

The following is a list of claims for damages that can be considered after an accident caused by the other party involved in the accident.

Note

Which of the listed costs can be claimed must always be in individual cases and is also dependent on the chosen liability insurance product. Generally (and especially in the event of personal injury) it is advisable to seek expert advice, e.g. with the lawyers of the motoring clubs ÖAMTC and ARBÖ or with lawyers.

  • For one Damage to the vehicle
    • At a Total loss
      • Replacement value
      • Towing costs
      • Registration costs for a replacement vehicle
      • Costs for the motorway vignette (aliquot) or for a parking sticker
      • Costs for the conversion of equipment (e.g. hands-free kit, radio, etc.)
      • Rental car costs (not reimbursable if the injured party has concluded an insurance contract with a rental car waiver option)
      • Flat rate expenses of up to approx. 50 euros for costs caused by the accident (e.g. costs for telephone calls, postage costs, etc.) without receipt
    • At a Partial damage
      • Repair costs or a (usually lower) repair cost compensation
      • Towing costs
      • Depreciation
      • Rental car costs (not reimbursable if the injured party has concluded an insurance contract with a waiver variant)
      • Flat rate expenses of up to approx. 50 euros for costs caused by the accident (e.g. costs for telephone calls, postage costs, etc.) without receipt
  • For one Damage to other things (Clothing, motorcycle helmet)
    • The replacement value
    • The repair costs
  • At Mayhem
    • Pain allowance
    • Medical treatment costs that are not paid by the health insurance company
    • Loss of earnings
    • Compensation for long-term and long-term consequences
  • At Disfigurement
    • Compensation for reduced marriage opportunities, etc.
  • For othercaused by the accident expenditure
    • Costs for a carer etc.
  • Reimbursement for futile expenses
    • Costs for a long-term parking space etc.
  • At death
    • Cost of attempted cure
    • Maintenance: Persons who had maintenance claims against the deceased can assert these against the damaging party and his / her insurance company
    • Funeral expenses
    • Other expenses related to the accident

If you have been involved in an accident due to a vehicle registered in Austria, you can find out about the online insurance information from the Association of Insurance Companies in Austria Call up the address of the liable insurance company for this vehicle. For vehicles that are not subject to compulsory insurance, you will receive the name and address of the owner.

In the event of traffic accidents outside the EU, claims must still be submitted directly to the foreign liability insurance company. Members of the ÖAMTC and ARBÖ motoring clubs who have had an accident abroad can take advantage of free advice and help from the club's lawyers.

Out-of-court dispute resolution

Anyone who does not agree to an insurance benefit or any other decision made by the insurer can lodge a complaint with the Austrian Insurance Association.

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Last updated: March 18, 2021

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