Document an accident and secure evidence
A clear record shows what happened, which consequences followed and which evidence is still available. This checklist helps you secure the important points in an organised way.
Which information, evidence and documents to secure after an accident in Austria: sequence, people, injuries, property damage, insurance and further consequences.
After an accident, important information is often spread across the scene, photographs and messages, witnesses, medical records or insurance correspondence. Start a chronological record as soon as possible. Keep facts separate from assumptions and preserve original documents unchanged.
First secure information that may no longer be reconstructed reliably later. This includes the situation at the scene, visibility and weather conditions, the position of vehicles or objects and the names of people who saw the accident or helped immediately afterwards.
The checklist is suitable for traffic accidents, falls, workplace accidents, recreational injuries and accidents involving property damage. If several people are injured or affected, keep a separate overview for each person.
Work through the points calmly and tick off what is complete. The status remains saved on your device. Store sensitive documents securely and transmit them only through an agreed channel.
0 of 47 points completed
01 Record the scene and first circumstances
Conditions at the scene can change quickly. Record them as soon as reasonably possible.
02 Record parties and witnesses
Complete contact details make it easier to allocate statements and insurance information.
03 Describe the accident in chronological order
A timeline is usually more useful than a retrospective legal assessment.
04 Collect injuries and treatment records
Record symptoms from their first appearance through their further development.
05 Document property damage and financial loss
List every loss separately and connect it with photographs, invoices or other evidence.
06 Organise police, emergency and insurance records
Reports and correspondence often provide an important basis for the later assessment.
07 Record further consequences and next steps
Consequences that become visible later also belong in the record.
Legal foundations for documenting an accident
Section 1293 ABGB describes damage as a disadvantage affecting property, rights or a person. Section 1295 ABGB is the central basis for damages claims. For a practical assessment, the event, the concrete impairment and the connection between them must therefore remain traceable.
For personal injury, section 1325 ABGB includes, among other things, medical costs, loss of earnings and compensation for pain and suffering. Section 1304 ABGB may matter where the injured person’s own conduct contributed to the occurrence or increase of the loss. The checklist therefore keeps observations, consequences and evidence separate.
Section 1489 ABGB is important for limitation of damages claims. Record not only the accident date but also when the loss and liable person became known, as well as payments, acknowledgements and negotiations. The applicable period and its consequences depend on the individual case.
For traffic accidents, section 4 of the Austrian Road Traffic Act sets duties to stop, provide assistance and cooperate in establishing the facts. The circumstances determine which measures are required and reasonable. Documentation does not replace necessary assistance at the scene.
This checklist is general guidance for documenting an accident under Austrian law. The claims available, applicable deadlines and decisive evidence depend on the specific accident and its consequences.
Arrange documents for further assessment
Create a chronological folder or secure digital file. Start with your notes and photographs, followed by reports, medical records, invoices and insurance correspondence. Date any additions and keep original documents unchanged.
Statutory foundations
The checklist refers to these provisions in the Austrian Legal Information System.
Further steps in a damages case
Organise damage documents
Compile documents, evidence and individual loss items for further assessment.
Prepare the first consultation
Bring the key information for the first legal consultation in an organised form.
Damage documentation check
Sort the key points of a documented loss in a structured way.
Accidents, traffic and insurance
Orientation on common damages questions after accidents and insured events.
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Mag. Bernhard Brandauer, Rechtsanwalt
BRANDAUER Rechtsanwälte · Damages and civil law
Details decide a damages claim: cause, evidence, each head of loss and the applicable deadline. We put these levels into a clear order and represent your interests in negotiations and in court.
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