Does the other driver's insurer pay for my lawyer after an accident?
Many people avoid instructing a lawyer after a road traffic accident for fear of the cost. Where liability is clear, the other party's insurer generally covers the legal fees too.
After a road traffic accident, many people are reluctant to instruct a lawyer — out of concern that they will end up bearing additional costs. In the vast majority of cases, that concern is unfounded: where liability is clear in principle, your legal fees form part of the loss that the other party’s insurer must make good — you do not pay me out of your own pocket.
How I can help you
- Assessing the liability position before any costs are even incurred
- Claiming my fees as part of your compensation claim
- Communicating directly with the other party’s insurer
- Clarifying whether your own legal expenses insurance also applies
Why the insurer bears my costs
Anyone liable to pay compensation must restore the position that would exist had the accident not occurred (§ 249 BGB) — that includes the expense necessary to enforce the claim against the insurer. The vehicle keeper’s own liability follows from § 7 (1) of the Road Traffic Act (Straßenverkehrsgesetz, StVG): where a person is injured or property is damaged in the operation of a motor vehicle, the keeper must compensate the resulting loss.
So that you don’t first have to sue the keeper and hope they can pay, you can bring your claim directly against their liability insurer under § 115 (1) of the Insurance Contract Act (Versicherungsvertragsgesetz, VVG). In practice, this means: where liability is clear, I contact the other party’s insurer directly on your behalf and bill my work to them. More on your claims following an accident can be found on the Traffic Accidents topic page.
If liability is disputed
The position is different where liability is disputed in principle, or where contributory fault is at issue — for example in junction accidents with no clear right of way. In that case, I clarify with you in advance what cost risk exists and whether legal expenses insurance applies, before anything is set in motion.
Don’t let the cost question hold you back: in most accident cases, legal representation is economically neutral for you — and often the difference between a swift, complete settlement and a drawn-out back-and-forth with the insurer.
This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-07-01.
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