It doesn’t matter if you’re drunk or sober: Anyone who hits a lantern and runs away from an accident will not be reimbursed by the insurance company.
Case in point: A motorist was almost home late in the evening when he collided with a headlight at about 20 km/h. Instead of waiting at the scene of the accident, went to his parents’ house nearby. They called the police and later recorded the incident with officers at the lantern.
Motorists want insurance to pay
Blood was drawn from the driver about an hour and a half after the crash. He had 2.79 parts per thousand. The driver said he was present at the accident still sober state. Only then did she drink a bottle of vodka and go to sleep.
He asked for his compensation for the damage to the lantern and for the damage to the car insurance. She refused to pay. He did not find it credible that the high concentration of alcohol from a so-called after drinking come The driver complained.
The court rejects the driver’s complaint
The Braunschweig District Court rejected the payment claim against the insurance company in the first instance. It was assumed that the driver was already at the scene of the accident drunk was and therefore no insurance coverage have. The dispute moved to the next instance. The expert couldn’t rule out that he hit the lantern sober, the driver claimed.
Insurance doesn’t have to pay for a hit and run accident
The driver eventually withdrew his appeal. The Braunschweig Higher Regional Court had given him a clear legal indication: according to the judges, it doesn’t matter when the driver got drunk. Why the insurance coverage already loses because he hit and run committed and thereby violated his obligations under the insurance contract.
After an accident, the insured person must do everything possible to clarify the damage. This includes not only the transmission of information, but also the correct one driver behavior after the accident. The judges explained that this was the only way for the insurance company to verify the circumstances of the accident and their payment obligation. At the Driving under the influence of alcohol or drugs the insurance company would be exempt from the service, for example.
After a hit and run, no investigation is possible
The driver got this check from the hit and run and the alleged late night drink considerably more difficult, according to the court. After an hour and a half, it could no longer be reliably determined whether he actually got drunk after the accident. But even if the driver was still sober when he crashed his lantern, he should be don’t pay for insurance. Because he had nevertheless violated his duty to contribute to the clarification of the damage. The driver was therefore left with his damages.
LG Braunschweig, judgment of May 7, 2020, Az .: 7 O 599/17
ADAC lawyers on the run: what to do and who pays?
The person causing the damage must be given “reasonable time” Up the waiting for the wounded. The exact duration is not defined by law and depends on the circumstances. Warn them Policeif the injured party cannot be reached after the waiting period.
Who after an accident without waiting a note or business card stuck behind the windshield wiper commits hit and run and therefore a criminal offence. The punishment mainly depends on the damage that has been caused. If this is more than 1200 euros, the accident driver must also use the driving license revocation for at least 6 months.
Also, it can Problems with car liability insurance give. Adjust the damage to the other party involved in the accident. If the insured is found guilty of hitting the road, motor vehicle liability insurance can be up to Recover 5000 eurosin the event of an accident while intoxicated, even up to 10,000 euros.
Die full insurance does not pay for damage to your car after a hit and run: leaving the scene of the accident can cost you comprehensive insurance
