2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Untruthful information in connection with claims settlement can have dire consequences. Even if it may not have been done deliberately.
In the event of a self-inflicted accident, a car owner with comprehensive insurance had truthfully stated in a claim report that the car she was driving was only used “privately”. She is not entitled to deduct input tax (value added tax). It did so because those entitled to input tax deduction can only claim a lower amount of compensation. This false report entitles the insurer to completely refuse the due benefit after a decision by the Karlsruhe Higher Regional Court (Az.: 12 U 9/07).
The judges decided so because the woman knowingly concealed her VAT liability in order to be able to claim a higher benefit. The court confirmed that the fully comprehensive insurance refused to pay, even though the car owner stated that she did not understand the question in the claim report. The OLG: An answer given in the dark means that a false statement is "knowingly accepted". (AG)