Anyone who leaves the scene of an accident without permission is not automatically committing a fraudulent breach of duty towards their motor vehicle insurance company. It depends on the individual case – and the burden of proof lies with the insurer.
This is shown by a decision (ref.: 46 S 58/22) of the Berlin Regional Court, which the Traffic Law Working Group of the German Lawyers’ Association (DAV) reports on.
Witness statements convicted the fugitive
This specific case involved a man who was involved in a car accident. He left the scene without calling the police. However, the accident did not go unnoticed. Witnesses reported him to the police. She found the man in a nearby café.
The driver’s insurance company filed a lawsuit against the man, accusing him of fraudulent behavior. This means that insurance coverage would no longer apply.
However, this did not hold up in a hearing before the district court; the court ruled in the driver’s favor. The insurance company appealed against this.
Excessive demands instead of malice are also conceivable
But this was rejected by the regional court, which confirmed the district court’s judgment. The reasoning is: Yes, the defendant had left the scene of the accident without permission. However, this does not necessarily have to be viewed as malicious behavior. An accident often overwhelms those affected.
They do not necessarily have to intend to damage the interests of their insurance company. In addition, the person concerned had to expect witnesses on site, who then actually took action. Nevertheless, the man went to a nearby cafe, which posed the risk of being discovered.
In the court’s opinion, this spoke against the assumption of purposeful behavior that disregarded the interests of the insurance company. Since the insurer had to prove fraudulent intent and did not have sufficient evidence, the lawsuit was unsuccessful.
© dpa-infocom, dpa:240118-99-664123/2
2024-02-20 23:44:40
#Leaving #scene #accident #permission #insurance #cover
