Monday 12 December 2011

accident compensation claims lost between paragraphs

Process for road accident

A Hungarian motorist violates a Münchnerin, the insurance company promises to the settlement of the claim, but in the end is the victim of the stick. Sigrid B. must experience that you may well be right, it just needs to get a long but not.

Law and justice - for example, Sigrid did not fit together. The Munich was the victim of a normal traffic accident. Now it must find that it indeed be right - and may yet be brought pitfalls in paragraphs jungle-case basis.

The physiotherapist was in May 2007 "were taken from the motor scooter" in the street Denninger of a Hungarian motorist, as she puts it. She suffered a broken collarbone and severe amnesia - can not remember the crash was so. Even the Allianz insurance company admitted in a letter soon after one to a state authority: "The sole fault of the insured at Allianz Hungaria driver is not in dispute." And sitting in the insurance industry Unterföhring further explains: "We regulate this damage to the alliance Hungaria." The pure vehicle damage because they had already refunded.

The dispute was still at the loss of earnings of self-employed as well as pain and suffering. In it, the District Court of Munich I. The traffic judge found the sole responsibility of the Hungarian, who also interpreted "the unconditional control of the property damage as an acknowledgment of debt." She denounced the insurance to pay for injuries and damages.

It was less than hoped for, but Sigrid B. took these amounts - if grudgingly - to be acceptable. Since the accident almost four years had passed: Around 10,000 € attorney fees and an even higher loss of earnings had worn down the self-employed and financially. But their hopes soon to have peace now vanished,: The lawyer for the insurance appealed to the Higher Regional Court of Appeals, called the ruling of first instance "inconsistent and confusing".

The Senate gave OLG transport him to the complete surprise of Sigrid B. Law. The woman had no claim against the German alliance, the Court of Appeal judges judged - this is the wrong defendant. The Munich-based company had appeared only as a "helper regulation." That have paid for this "voluntary" for Allianz Hungaria damages, makes him still a long way to correct Defendant in this litigation.

At this point, Sigrid learned from the first time as "German Office Green Card".Which is responsible for accidents caused by a foreign drivers in Germany. This association, said the court now, the defendant was correct. All this failed to recognize the district court. Sigrid B. had to read this sentence, the feeling of being put off for years with promises - to make them then run into a knife.

Your lawyer wants to give up despite the "significant change in the attitude of the Alliance" and not carry out the sentence at first instance. He refers to another letter in which the alliance has assured him that after the process is finally want to settle the accident - it was the insurance given to recognize themselves as a real adversary process, says the lawyer.

Sigrid B. understand the world anymore - at least not to the lawyers.

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