One of the Three Big Focuses of Our Law Firm is Traffic Law.
Briefly summarised, traffic law encompasses all problems which arise in conjunction with passenger vehicles and the driver’s license and/or driver’s permit. We strive to, comprehensively and optimally, advise and support our clients on their traffic law issues and problems.
Traffic law is broken down into the areas of civil traffic law, insurance law, administrative offence law/criminal traffic law and driver’s license administrative law.
Criminal Traffic Law
Hearings forms, fine notices, penalty orders or even an indictment–unwelcome post from an Administrative Fines Office or from the Municipal Court which no one wants to receive. Nonetheless, drivers participating in the mass phenomenon of “road traffic” in many cases commit violations of administrative law or even criminal law directives. The consequences range from monetary fines to points according to the multiple-offender system to a driving ban under administrative law to monetary penalties or even imprisonment associated with ancillary consequences such as the seizure of one’s driver’s license under criminal law.
Our task is to provide you, as the affected party in such a situation, with the required expert support and assistance and to ward off the imposition of the aforementioned sanctions in the best-case scenario or to at least mitigate them.
Civil Traffic Law
One section of civil traffic law addresses the claims of the injured party in a traffic accident. A wide array of damage positions can be created from a traffic accident. “Customary” and well-known damage positions are, for example, vehicle damage and appraisal costs. However, there are lesser known claims which are hard to quantify for the layperson such as, for example, loss of use compensation, compensation for pain and suffering, lost profits or even housekeeping expenses. Not only non-lawyers struggle with regulating the fulfilment of the “preferential quota of damages”. Our task is to completely and comprehensively assert your claims as the injured party in a traffic accident.
The injured party in a traffic accident is well-advised to not just leave the regulation thereof to the other party’s liability insurance company, but rather to take the regulation thereof into one’s own hands. The other party’s liability insurance company must pay the required fees for the commissioning of one’s own attorney and one’s own appraiser insofar as and to the extent that the injured party has not caused the accident. Unfortunately, this factual circumstance is not widely-known.
Only by commissioning one’s own attorney, optimally immediately after the accident, who will jointly control the regulation with the injured party, can an “equality of arms” situation with the other party’s liability insurance company be attained. This is also valid and precisely in the cases in which the liability is not at dispute because, also in these cases, the liability insurance provider will endeavour to obtain a settlement with the smallest-possible financial pay-out. In settlement cases in which the injured party is represented by an attorney, much higher pay-outs than average are made by the insurance providers.
An additional section of civil traffic law encompasses all legal issues arising from the various types of contractual agreements which are concluded for a passenger vehicle; e.g. purchasing agreement, financing and repairs.
Traffic Insurance Law
“Traffic insurance law” addresses the legal issues related to passenger vehicle liability insurance as well as passenger vehicle collision insurance (partial passenger vehicle collision insurance, comprehensive passenger vehicle collision insurance). This area includes, for example, situations in which one’s own insurance company does not want to pay benefits or take legal action against the insuree. This section of traffic law also includes issues related to traffic law insurance. Insofar as traffic law insurance coverage is held by the affected party, the issue arises in many cases whether the insurance policy covers certain sets of circumstances.
Driver’s License Administrative Law
The driver’s license administrative law regulates the (re-)issuance as well as the stripping of the driver’s license by the government motor vehicle services agencies. The central concept of driver’s permit law is one’s “suitability for driving passenger vehicles”. Unwelcome post from the government motor vehicle services agency looms if one’s point total in Flensburg swells. If a point total of 8 points is attained, then the driver’s license holder is considered to be unsuitable in the sense of driver’s license law. In order to avoid the stripping of one’s driver’s license, the reviewing of the prior measures imposed by the government motor vehicles services agency may be announced. Threats of penalties from the governmental motor vehicle services agencies may, for example, be looming if it becomes aware of alcohol or drug use by a driver’s license holder or believes that there are indications of such usage and, upon this basis, assumes the driver’s unsuitability for driving motor vehicles or, in any case, prescribes the consideration of implementing such measures. We will advise you on the legal situation, discuss any possible and required legal defence measures with you in detail and support you during government administrative proceedings as well as in court proceedings both during preliminary (“provisional”) legal protection as well as in main proceedings.