2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
The Federal Court of Justice knows no leniency when driving alcohol. The Karlsruhe judges determined that anyone who drives their vehicle while drunk loses their insurance coverage.
The Federal Court of Justice (BGH) remains tough on alcohol driving: If you drive a car full of alcohol, you can lose your insurance coverage. The Karlsruhe judges decided in a judgment that has now been published. In doing so, they again strengthened the interests of insurers.
Accident with 2.1 per mille
A man drove into a property wall with more than 2.1 per thousand alcohol in his blood. When he reported the damage to his insurance company, they initially paid, but then wanted the money back. In doing so, she referred to the General Conditions for Motor Insurance: According to this, the insurance benefits can be reduced for damage caused by gross negligence.
A reduction to zero is possible in exceptional cases if the motorist is so negligent that one almost has to accuse him of an intentional drunk driving, the judges now say. In addition, it is always necessary to weigh up the circumstances of the individual case (Az. IV ZR 251/10). The BGH had already issued a comparable judgment in a similar case. (dpa)
