Motor liability

Accident claims, from power of attorney to payout

rightflow reads the expert report and invoice, calculates the claim and writes to the insurer. You approve.

  • BRAO compliant
  • Data stored in Germany
  • Nothing goes out without your approval

A motor liability file can involve up to six parties

They include the client, the garage or dealer, the assessor, the other side's insurer, the police and, for financed or leased cars, the bank. Mail comes in from all of them, and each piece has to be read, filed and answered. And a claim is rarely disputed in only one place: the insurer accepts liability but cuts loss of use, pays part and stays silent on the rest. With many cases, this coordination takes more time than the legal assessment.

How the file runs

  1. 01
    Instruction

    The client signs the power of attorney and questionnaire digitally in the portal.

    Today
    Print, sign and scan the power of attorney
    Result
    Signed power of attorney and questionnaire in the file
  2. 02
    Documents

    Expert report, invoice and police file are read, every figure linked to its source.

    Today
    Retype expert reports and invoices
    Result
    Every amount in the file, with its source
  3. 03
    Liability and damage

    Liability split under §§ 7, 17 StVG, every head of damage down to the flat-rate costs.

    Today
    Add up the items by hand
    Result
    Itemised claim with liability share
  4. 04
    Letters

    Liability request and itemised claim are ready on your letterhead for approval.

    Today
    Assemble the letter from old templates
    Result
    Draft on your letterhead, ready for approval
  5. 05
    Follow-up

    If the insurer stays silent, a reminder with a deadline and, if needed, the claim form are ready.

    Today
    Calendar reminder, chase by hand
    Result
    Reminder with deadline ready on time
  6. 06
    Payout

    Payments are matched to the file; you approve the payout to the client by SEPA.

    Today
    Check statements, instruct the payout by hand
    Result
    Payment matched, payout ready for approval

Knows how insurers cut claims

  • Liability split
  • Residual value
  • Notional settlement
  • Transfer costs
  • Spare-parts surcharges
  • Hourly labour rates
  • Loss in value
  • Loss of use
  • Assessor fees

Cases also come straight from dealers and assessors

  • Autoclaim
    Takes over claims, reports status back
  • Portal
    Partner portal for dealers and assessors
  • GDV
    Insurer by number plateSoon

What changes in the firm

Deadlines are in the calendar

Settlement deadlines are calculated on arrival, and limitation is in the file as a critical deadline as soon as the accident date is known.

Every amount with its source

For each item in the itemised claim you see the passage in the expert report or invoice it was taken from.

Deductions are contested

If the insurer cuts the claim, the reasoned reply is ready, item by item. One click on “Approve”, and it goes out.

Client and partners know the status

Client, dealer and garage see the status of the file in the portal and upload missing documents themselves.

For firms that represent accident victims

  • Traffic law firms with many motor liability cases, where every file goes through the same steps and every delay costs clients.
  • Firms that work with car dealers, garages or assessors and take over their cases through the partner portal or from Autoclaim.

What the agent team handles in a motor liability file

Coordinating agent
  1. 01
    Taking on the client

    The client receives the power of attorney and questionnaire through the client portal and signs digitally. The liability request doesn't wait for the power of attorney: it goes out in parallel.

  2. 02
    Reading the documents

    The accident report, expert report, repair invoice and police file are captured. Every entry links to its source passage. What is missing stays empty and is requested, never filled with a zero.

  3. 03
    Identifying the other side and its insurer

    A registration number or insurer is assigned to the other side only when a document shows it. If the other side's insurer is unknown, the team finds it through the motor insurers' central call service.

  4. 04
    Assessing liability

    The team assesses liability under §§ 7, 17 StVG. A claimed share of fault is argued, never deducted in advance: the claim goes out in full.

  5. 05
    Calculating heads of damage

    Repair costs, diminished value, loss of use or hire car, assessor's fees, the flat-rate allowance and default interest are calculated with stored calculators based on the tables and the base rate, not estimated.

  6. 06
    Preparing letters

    The liability request, the itemised claim and replies to deductions are drafted on your letterhead, using your text blocks. One click on “Approve”, and they go out.

  7. 07
    Handling correspondence

    Replies to the dealer, garage, assessor, insurer and police, and for financed or leased cars to the bank as well. Every message is logged in the file.

  8. 08
    Chasing a silent insurer

    A ladder of 14 days per step: reminder, complaint to the board, threat of court action with the amount in dispute. Each step is ready for your approval on time.

  9. 09
    Matching and paying out money

    Incoming payments are matched to the individual items. If a payment fits several, the team asks. You approve the SEPA payout, with a four-eyes check if you want one.

  10. 10
    Preparing the RVG invoice

    Fees under the RVG, the German statutory fee scale for lawyers, are calculated and prepared as an invoice for your approval. If the client can reclaim input VAT, the VAT on the fees is not lost.

  11. 11
    Preparing court action

    If the insurer does not settle, the team secures legal-expenses cover and drafts the statement of claim with the amount in dispute, offers of evidence and a handover memo. One click on “Approve”, and it goes to the court through your beA.

Law and claims practice the team knows

  • Scope of damages, contributory negligence and offsetting of benefits under §§ 249, 251, 254 BGB.

  • Keeper's liability and apportionment under §§ 7, 17 StVG, and the direct claim against the liability insurer under § 115 VVG.

  • The 130 % limit: the case is classified by the invoice, not by the heading of the expert report. Below the limit the repair stays recoverable, and the team requests proof that the car is kept in use.

  • Limitation under § 199 BGB, three years from the end of the year of the accident.

  • The insurers' typical deductions, for example on the liability split, residual value, notional repair costs, transfer costs, spare-parts surcharges, hourly labour rates, diminished value and assessor's fees.

  • Lawyers' fees under the RVG in accident claims, including for clients who can reclaim input VAT.

  • Your house rules, such as letterhead, form of address and standard wording, which you set once.

What the team does when the file is not clear

  • The situation

    There are two repair estimates, and neither is clearly the final one.

    What the team does

    The team records both, names the amount it considers defensible and gives its reasons. You decide which amount goes into the claim.

  • The situation

    Two documents assign the same insurer to different sides.

    What the team does

    The team doesn't pick one but asks you: a letter to the client's own insurer should never be drafted.

  • The situation

    A payment fits several items.

    What the team does

    The team doesn't book it on a guess but puts the allocation to you.

  • The situation

    The client accepts a deduction.

    What the team does

    The team doesn't quietly lower the claim but records the decision; the original item stays visible.

Frequently asked questions

Other case types

See a motor liability file in rightflow.

30 minutes, on a real accident case.