Road traffic & motor vehicle law in Vienna
Last updated: July 2026
Compensation after a road traffic accident, damages for pain and suffering, warranty claims when buying a car, driving licences and administrative penalties, or a dispute with an insurer: we pursue your claims and fend off unjustified demands. If you were not at fault, the initial review is usually free of charge.
Road traffic and motor vehicle law covers the consequences of road traffic accidents. Where someone is at fault, you can claim compensation for your loss and damages for pain and suffering under §§ 1293 et seq. of the Austrian Civil Code (ABGB). Regardless of fault, liability can also arise from the operating risk inherent in every motor vehicle under the Railway and Motor Vehicle Liability Act (EKHG). It also covers buying a car, with the statutory warranty under § 922 ABGB. Another area is administrative penal law, with administrative penalties – usually fines – under the Administrative Penal Act (VStG) and the Road Traffic Regulations (StVO). This includes the withdrawal of your driving licence under the Driving Licence Act (FSG). Finally, it covers disputes with liability insurers and over comprehensive insurance for your own vehicle under the Insurance Contract Act (VersVG). In addition, you can claim directly against the other driver’s insurer under § 26 of the Motor Vehicle Liability Insurance Act (KHVG). Claims for damages generally become time-barred three years after you learn of the damage and the person responsible (§ 1489 ABGB). If you were not at fault, the other party’s insurer usually pays the lawyer’s fees – so the initial review is often free of charge.
In road traffic law, the outcome often turns on evidence and deadlines.
A road traffic accident, a defective used car or the threatened withdrawal of your driving licence usually catches you unprepared – and suddenly you face questions that need quick and accurate answers. If you fail to document all the damage after an accident, sign an admission of liability too hastily or miss the deadline for an objection, you throw away what was actually a strong position. With insurers in particular, what counts is whether you can clearly prove fault, damage and the sequence of events.
We document your claims in full, pursue them against the other party’s liability insurer and fend off unjustified penalties or cuts to your payout. First, we check which deadline is running and which evidence counts. We then give you an honest assessment of your situation and tell you openly what you can realistically achieve. We advise in German, English, Slovak and Polish.
- You were injured in a road traffic accident or your vehicle was damaged – and you were not at fault or only partly at fault.
- The other party’s insurer is not paying, is paying too little or is delaying the settlement of your claim.
- The used car you bought has defects that the seller concealed.
- You are facing the withdrawal of your driving licence or a substantial administrative penalty.
- Your own comprehensive or liability insurer refuses to pay a claim.
- You are unsure how much you can realistically expect in damages for pain and suffering.
Areas of road traffic and motor vehicle law
Road accidents & damages
Liability based on fault and on the operating risk (EKHG), the items of loss you can claim, and the direct right of action against the other party’s liability insurer (§ 26 KHVG).
View page → 02Pain and suffering
Compensation for physical pain and mental suffering after an accident (§ 1325 ABGB) – there is no official table; the amount depends on how severe the pain was and how long it lasted.
View page → 03Warranty when buying a car
Your rights when you buy a defective used car (§ 922 ABGB): repair, a price reduction or rescission of the contract, i.e. returning the car for a refund – and what applies to a private sale.
View page → 04Driving licence & penalties
Administrative penalties (VStG/StVO) and withdrawal of your driving licence (FSG): objection, appeal to the Administrative Court and defence against excessive penalties.
View page → 05Disputes with insurers
When a liability or comprehensive insurer reduces or refuses payment (VersVG): policy obligations, the insurer’s release from its obligation to pay and pursuing your claims.
View page → ＋Not sure which applies to you?
Call us or write to us. We will assess your matter in an initial consultation and check straight away which deadlines are running.
Consultation →Road traffic cases reported in the media
The press has repeatedly reported on cases in which we represented road traffic victims and car buyers. A selection:
‘Attempted murder with a car: victim receives €400,000’
In 2019, a man was deliberately run down with a car and seriously injured. The offender’s liability insurer refused to pay because intentional acts are not covered. We turned to the insurers’ association and secured more than €400,000 for therapy and for adapting his house for disabled access.
Read the report on krone.at →‘Lorry ran over young woman: almost €100,000 in damages for pain and suffering’
In 2018, a Viennese woman was run over by a lorry and seriously injured; at first the insurer was unwilling to pay. We won compensation of just under €100,000 for her.
View original clipping (PDF) →‘Tesla owner sues Tesla and receives €50,000’
After numerous defects and around 20 visits to the garage, a buyer brought a claim over his Tesla Model X before the Vienna Commercial Court. Despite the defence that the claim was time-barred, the court found in his favour: he is to get back around €50,000 (the judgment was not yet final at the time). We represented the buyer.
View original clipping (PDF) →Solid evidence, honest advice, firm representation
We document your claims in full, secure the evidence, check the deadlines that are running and pursue your claims against insurers and public authorities – firmly, and as an equal. Where a penalty or a cut to your payout is unjustified, we challenge it. We tell you openly what you can realistically achieve.
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Tell us about your matter in confidence and without obligation – we will speak to you as an equal. We get back to you promptly, especially when a deadline is running.