In German traffic law you often do not bear the legal fees yourself: either a legal expenses insurer pays, or the other side's insurer is liable after an accident that was not your fault. Where costs may remain with you, we say so openly before they arise.
Statutory fees under the RVG
Lawyers' fees in Germany are set by the Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG); the amounts were last increased on 1 June 2025. They depend on the type of case:
- Fine and criminal proceedings: The RVG sets fee ranges – a basic fee, procedural fees for the stage before the authority and in court, and hearing fees. Within the range, scope and difficulty of the case, its importance to you and your financial circumstances count (§ 14 RVG). In fine proceedings, fees are also graded by the amount of the fine.
- Accident claims and other civil matters: Fees depend on the value of the claim. Out-of-court representation usually costs 1.3 times the amount in the statutory fee table in average cases.
A flat rate for postage and telecommunications and VAT are added; court proceedings may also involve court fees.
Legal expenses insurance with traffic cover
German legal expenses insurance (Rechtsschutzversicherung) with traffic cover pays, within the insured scope, statutory lawyer's fees, court costs and expert costs, in fine proceedings for example a report on the speed measurement. You are free to choose your lawyer (§ 127 VVG).
We take care of the cover request (Deckungsanfrage) and obtain confirmation of cover; all we need is the insurer's name and your policy number. Please note:
- Excess: Many policies include an excess per case, stated in your policy.
- Timing: The offence or accident must have occurred after the policy started. Standard terms usually have no waiting period for damages, criminal and fine cases, but often three months for other areas, such as a dispute over buying a car.
- Intent: In criminal traffic cases, cover is usually granted at first. If you are finally convicted of an intentional offence, such as leaving the scene of an accident, the insurer can reclaim the costs.
- Foreign policies: If your insurance is from another country, check whether it covers proceedings in Germany.
Accident not your fault: the other side pays
After a car accident that was not your fault, your legal fees are part of your loss. The other driver's motor liability insurer must generally pay them, just like repairs and the expert report. If you share some of the blame, legal fees are reimbursed only in proportion to the other side's liability; your legal expenses insurer may cover the rest. More on insurance claims after an accident.
Without insurance: the cost risk in fine proceedings
Without insurance you pay the lawyer's fees in fine proceedings yourself. If the court acquits you, the state generally bears your necessary expenses, including statutory legal fees. If the case is discontinued, however, the court can decide that you bear your own expenses.
Whether a defence is worthwhile depends on more than the fine: another point can lead to a warning or revocation, and a driving ban can cost more than any lawyer's fee. For a minor offence without points, paying the fine may be the more sensible choice – and we will tell you so.
Initial consultation and fee agreements
For advice only, the lawyer should agree a fee with you. Without an agreement, a cap applies for consumers: at most 190 euros for a first consultation and 250 euros for further advice, plus VAT (§ 34 RVG). If you then instruct the lawyer, the consultation fee is generally credited against later fees. An initial consultation does not oblige you to instruct us. For out-of-court advice we offer a fixed fee; we can tell you what instructing us will cost once we have discussed your case.
In extensive criminal cases, or if you prefer a fixed fee, a fee agreement can make sense. It must be in text form and state that the other side or the state treasury normally reimburses only statutory fees. Legal expenses insurers also usually pay only statutory fees.
Legal advice aid and legal aid
On a low income, you can apply for legal advice aid (Beratungshilfe) for out-of-court advice. The certificate is issued by the local court (Amtsgericht) where you live; your own contribution is then 15 euros at most. In criminal and fine cases it covers advice only, not representation. For a civil lawsuit, legal aid (Prozesskostenhilfe) is available if you cannot afford the costs and the claim has a reasonable prospect of success. Defendants in criminal cases receive no legal aid, but in certain serious cases the court appoints a defence lawyer. Ask us about this when you first get in touch.
This article gives a general overview of German law (as of October 2026) and does not replace advice on your individual case.