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Koszt adwokata w Niemczech

Koszt adwokata w Niemczech po wypadku lub kolizji

Taryfy wynagrodzenia dla adwokata w Niemczech

Po wypadkach drogowych i kolizjach korzystaniu z pomocy adwokatów sprzyja w Niemczech rozbudowany system ubezpieczeń ochrony prawnej. Wiele osób ma polisy, które pozwalają im opłacić adwokata w sporze ubezpieczeniowym np. po wypadku lub kolizji drogowej. Wielu Polaków majacych problemy z odszkodowaniem po wypadku, stluczce czy kolizji samochodowej  jest zdania, iż niemieccy adwokaci kosztuja zbyt wiele i mają szczególnie wysokie stawki. To jednak nieprawda.

Stawki niemieckich adwokatów są ustalone przez prawo – ustawa o wynagrodzeniu adwokatów (tzw. RVG). Okreslone zostaly tam stawki wszystkich czynnosci adwokackich: od opłaty za poradę, przez reprezentację pozasądową do postępowania sądowego przed sądami w Niemczech. Opłaty te obowiązują zarowno w kazdym postępowaniu cywilnym, karnym, administracyjnym czy przy wykroczeniach (np. po wypadku, kolizji komunikacyjnej). Stawki za udział w procesie wyliczane wowczas zostaja a podstawie opracowanej tabeli, w której jest dużo przedziałów wartości roszczenia – od 300 do nawet 30 mln €. Wysokość wynagrodzenia wzrastac moze więc płynnie w zależności od kwoty sporu. Adwokaci w Niemczech związani są jednak sztywnymi honorariami za proces i nie mogą np. wziąć mniej.

Ile kosztuje adwokat w Niemczech ?

W Niemczech roszczeń o odszkodowanie po wypadku i  kolizji dochodzi się zazwyczaj na podstawie prawa niemieckiego. Wówczas koszty adwokata w Niemczech może poniesc strona przeciwna, gdy to ona spowodowała wypadek i uznana zostala sprawca zdarzenia. Koszty adwokata w Niemczech z reguły podlegają zwrotowi więc może się zdarzyć, że gdy strona przeciwna zobowiązana zostanie do wypłacenia 100 % odszkodowania, to również likwidacja szkód po wypadku , sltuczce, kolizji  bedzie dla mandanta bezpłatna. Naturalnie w przypadku, gdy kwota odszkodowania po wypadku (kolizji) zostanie przyporządkowana, przejmowana jest tylko część kosztów adwokackich.

Konsekwencją przyjęcia w Niemczech stawek urzędowych jako wynagrodzenie adwokata jest to, że – inaczej niż w Polsce – sąd przysądza stronie zwycięskiej w procesie wszystkie koszty adwokackie od strony przegranej. Zatem na terenie Niemiec oprócz wypłaty odszkodowania po wypadku lub kolizji za straty w samochodzie lub obrażenia cielesne z polisy OC sprawcy wypadku mogą pokryte zostac także koszty niemieckiego adwokata.

Honorarium adwokata (Niemcy ) po wypadku lub kolizji samochodowej

Honorarium niemieckiego adwokata (np. w sprawach po wypadku drogowym lub po kolizji) ustalane jest według współczynników: opłata za udział w rozprawie wynosi 1,2 stawki bazowej ustalonej w tabeli dla konkretnej wartości przedmiotu sporu + opłata procesowa 1,3 stawki bazowej ustalonej w tabeli dla konkretnej wartości przedmiotu sporu + do tego 20 € tzw. ryczałtu telekomunikacyjnego (za np. wysylane listy, wykonane telefony). Z kolei porada adwokacka dla klienta indywidualnego np. po wypadku komunikacyjnym albo kolizji w Niemczech nie może kosztować więcej niż 190 €.

Przykład: Przy wartości przedmiotu sporu 10 tys.€ honorarium adwokata w Niemczech wyniesie:

486 € + 632 € + 20 €= 1138 € (netto)

Adwokat w Niemczech nie może zażądać niższej stawki niż ta, która określono w ustawie. Wmóg ten odnosi się przede wszystkim do postępowania przed sądem. Odnośnie postępowania pozasądowego oraz porad prawnych można ustalić niższą stawkę, co nie jest jednak praktykowane. Adwokaci w Niemczech są bardzo powściągliwi jeżeli chodzi o negocjacje na temat ich wynagrodzenia. Telefonowanie po wielu kancelariach adwokackich w sprawie pomocy po wypadku i kolizji drogowej, w celu uzgodnienia kosztów reprezentacji w postępowaniu sądowym nie ma wiekszego sensu. Stawki u adwokatow w Niemczech co do zasady wszedzie są jednakowe.

Ile kosztuje niemiecki adwokat ? – Po wypadku i kolizji drogowej koszt adwokata w Niemczech

Wyżej wymienione informacje odzwierciedlają wyłącznie praktyczne doświadczenia. Aby upewnić się co do stanu prawnego prosimy o kontakt z rzeczoznawcami lub współpracującymi z MOTOEXPERT adwokatami (lista adwokatów na stronie www.rzeczoznawca-samochodowy24.pl/partnerzy)

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