A Practical Guide to Legal Help

Being involved in a car accident is stressful at the best of times. When it happens in your own country, you may at least know roughly what to expect. But when it happens in a place with unfamiliar rules—like Switzerland—it can be even more daunting.

Switzerland has a reputation for order and efficiency, and its legal system for dealing with car accidents reflects that. But the rules can still be complex. Whether you are living in Switzerland, there on business, or just visiting, it is important to know your rights and what steps to take after a crash.

In this guide, I want to walk you through the essentials in clear, direct language. We will cover:

• What you should do at the scene of an accident

• How Switzerland’s insurance system works

• Why liability matters

• When and why you should consider hiring a lawyer

• How to choose the right law firm

• What you can expect from working with a lawyer

My aim is to help you understand the process, avoid common mistakes, and make sure you know how to protect your rights if you ever find yourself in this difficult situation.

1. Immediate Steps to Take After a Car Accident in Switzerland

First things first: if you are involved in a car accident in Switzerland, what should you do right away?

Here are the steps in detail:

Make Sure Everyone Is Safe

If you can, move your car to the side of the road to avoid blocking traffic or causing another accident. Turn on your hazard lights.

Check yourself and others for injuries. If anyone is hurt, call the emergency services immediately.

Switzerland’s emergency numbers are easy to remember:

• Ambulance: 144

• Police: 117

• Emergency road service: 140

Do not assume someone else will make the call—if you see injuries or danger, call yourself.

Exchange Information

You are required to exchange details with the other driver or drivers involved. Make sure to get:

• Full name and address

• Insurance company and policy number

• Vehicle registration number

• Contact information

If there are multiple drivers involved, repeat this process with each of them.

Take Photos and Notes

Photos can be extremely helpful later on. Take plenty of clear pictures of:

• The vehicles and the damage (from different angles)

• The surrounding area, road conditions, and signage

• Any skid marks or debris

• Weather conditions if they played a role

Write down the time, date, location, and a clear description of what happened while it is still fresh in your memory.

Gather Witness Details

If anyone saw the accident happen, politely ask for their name and contact details. Witnesses can be very important if there is a dispute about what happened.

Do Not Admit Fault

This point cannot be stressed enough. Even if you think you might be partially to blame, do not say so at the scene. Liability should be determined through a proper investigation. An apology or admission at the scene can be used against you later.

Fill Out an Accident Report

Switzerland uses the European Accident Statement (Constat Européen d’Accident). If possible, fill it out at the scene with the other driver.

Each driver should complete their own section. This form is designed to create a clear, consistent record of what happened, which both insurers can rely on.

Notify Your Insurer

Tell your own insurance company about the accident as soon as possible. Many insurers have apps or online portals to make this easier. Even if you think you will not claim on your own policy, you are often required to report the incident.

Seek Medical Attention

Some injuries do not show symptoms immediately. Whiplash, concussion, or internal injuries can take hours or days to manifest.

See a doctor as soon as you can, even if you feel fine. This creates a medical record of the incident, which can be vital for insurance and legal claims later.

2. How Insurance Works for Car Accidents in Switzerland

Switzerland has a clear system for insurance that ensures victims of road accidents are compensated fairly.

Let us look at the basics.

Mandatory Motor Liability Insurance

Every vehicle registered in Switzerland must have motor liability insurance. You cannot register a car without it.

This insurance covers:

• Personal injuries you cause to others

• Property damage to other people’s vehicles or belongings

• Financial losses suffered by third parties

In other words, if you are at fault in an accident, your liability insurance pays for the damage you cause to others.

Casco Insurance (Partial and Full)

In addition to the mandatory liability insurance, many drivers also choose:

• Partial casco (covers risks like theft, fire, glass damage, wildlife collisions)

• Full casco (covers the above plus damage to your own car, even if you are at fault)

Casco coverage is optional but highly recommended, especially for newer or more valuable cars.

If you are visiting Switzerland with your own car, make sure your insurance is valid there. If you are renting a car, the rental company will explain what is included.

3. The Principle of Liability

Swiss law places strong emphasis on liability—determining who caused the accident.

If you cause an accident, your mandatory liability insurance pays the damages to others.

If someone else causes the accident, their insurance pays for your injuries and property damage.

But it is not always straightforward. Sometimes fault is shared. Swiss law recognises “contributory negligence.” This means:

• If you were partly at fault, your compensation can be reduced proportionally.

For example, imagine you were speeding slightly when someone else ran a stop sign and hit you. A court might decide you were 20% at fault and reduce your compensation accordingly.

This is one area where legal help is very valuable. A lawyer can argue your side and try to minimise any reduction in compensation.

4. The Importance of the Accident Report

Filling out the European accident report at the scene is extremely helpful.

This document:

• Provides a consistent format for both drivers to describe what happened

• Reduces misunderstandings later

• Is recognised by insurers across Europe

Even if you do not call the police, completing this report is highly recommended.

5. When Should You Call the Police?

In Switzerland, you are not always required to call the police after a car accident. But you should call them if:

• Someone is injured

• There is major property damage

• There is a dispute about who is at fault

• One party refuses to share their information

• You suspect the other driver is under the influence of alcohol or drugs

Having an official police report can be very helpful later. It serves as an impartial record of what happened.

6. How to File a Claim with Your Insurer

You should notify your insurer as soon as you can.

Most insurers in Switzerland allow you to:

• File a claim online

• Use a dedicated mobile app

• Call a claims hotline

The sooner you report it, the better. Even if you are not making a claim on your own policy (because the other driver is at fault), you are often required to inform your insurer.

7. What Happens During the Claims Process

Once you file a claim, the insurer will investigate. They may:

• Send an expert to assess the vehicle damage

• Review photos and the accident report

• Speak with witnesses

• Look at the police report if there is one

If there is a dispute about what happened or the extent of the damage, insurers sometimes arrange counter-assessments.

If you and the insurer cannot agree, the dispute can go to court.

8. Statute of Limitations in Switzerland

It is important to act quickly.

For non-contractual liability claims (which include most car accidents):

• The relative limitation period is generally three years from when you became aware of the damage and the liable party.

For personal injuries:

• The absolute limitation period was extended to 20 years on January 1, 2020.

While these timeframes sound generous, it is always better to file a claim as soon as possible. Details fade, evidence gets lost, and witnesses may become hard to contact.

9. Why Hiring a Specialized Lawyer Can Make a Real Difference

Many people assume the insurance company will handle everything. Sometimes that is true—especially in clear-cut, minor accidents.

But when things get complicated, having a lawyer who knows Swiss traffic law is invaluable.

Here is how a specialized lawyer can help:

Navigating Swiss Traffic Law

Swiss traffic rules are detailed and strictly enforced. Lawyers specialising in this field know the nuances of:

• The Via Secura regime (Switzerland’s road safety program)

• Criminal road traffic law

• Civil liability law

They understand how these laws apply in real-world accident scenarios, from minor scrapes to major collisions with serious injuries.

Dealing with Insurers

Insurers have their own interests. They may:

• Try to limit payouts

• Delay claims

• Offer settlements that do not fully cover your losses

A lawyer knows how to present your claim effectively, negotiate on your behalf, and challenge unfair decisions.

Proving Liability

Lawyers can help gather and present evidence to prove the other party’s fault. They might:

• Get police reports

• Organise accident reconstructions

• Interview witnesses

• Collect medical records

• Review photos and videos

They build a solid case to support your version of events.