When can I remove a road accident?
measured how long is generally a waiting obligation?
each party in an accident, that is, anyone whose conduct has contributed regardless of its fault for causing an accident, is under an obligation to passive observation. If there are no finding people willing to at the scene, first meets the mere waiting. While you can visit neighbors or other residents, but are not obligated to (OLG Stuttgart VRS 73, 191).
is a reasonable waiting time depends on the circumstances of the case, especially on the severity of the accident, time of day, weather conditions and the question of when to expect to identify previously persons. Therefore, the waiting time for example at night accident on the highway are clearly shorter than the death rate in urban areas. Otherwise, for the length of waiting time to the expected damage amount must be removed. In general, a wait is minutes from at least 30. recommended as the accident cause the level of damage usually can not appreciate real. To shorten the waiting time can of course be notified the police immediately. But they do not hit and run penalty if they are taken to the hospital or by the police for blood sample (OLG Köln VRS 57, 406).
When is before a bagatelle or insignificant damage?
This question is difficult to answer. An insignificant loss is usually present when no civil damage claims can be made. However, the same applies here, that caused the accident may never be completely error-free set the amount of loss or damage has been underestimated. The exact extent of accidents can only be determined by using tests of automotive expert. It is therefore not recommended to carry out its own "failure analysis". They meet a certain qualifying period, are On the safe side.
I am committed to dates and have no time to observe the waiting period. What can I do?
Even in the case of an important business appointment, subject to the control room duty. It is often assumed that leave the business card / AG Kiel, Judgement of 07.08.2002) or a slip enough with the personal. However, this is a common mistake, since it is never sure whether the statement the accident opponent achieved. This is true even for minor damage.
May the victims urge to await the arrival of the police?
The § 142 of the Criminal Code is to ensure the victim's civil claims against you. According to § 142 I StGB they must allow findings to you, your vehicle and the nature of their involvement in the accident. Do you have all necessary information to settle claims made, you may not remove, in principle, from the accident. The arrival of the police is to be seen only when an additional evidence interest (eg the driver is drunk).
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
Tel: 030 / 226 35 71 13
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin
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