Traffic accident in Belgium – verdict on the amount of damage
After a traffic accident abroad, a German injured party can in principle assert his claims in Germany with the settlement agent of the foreign liability insurance company and even sue for them in German courts if necessary.
The case we handled involved a traffic accident in Belgium, where liability on the merits was not in dispute. Since Belgian law was also applied in the action before the German court, the opposing insurance company made reductions in all damage items on this basis, or in some cases even completely refused to pay. It was probably intended to exploit an assumed ignorance of the law with regard to Belgian law.
However, the Schweinfurt Local Court awarded the injured party all asserted claims – namely expert costs, repair costs, lump-sum expenses, attorney’s fees and interest – in the amount requested by us.
We have provided the full text of the (legally binding) judgment for you here:
AG Schweinfurt, judgment dated 26.09.2022
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Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV