2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
In the case of partial comprehensive insurance, the accident and the resulting fire are assessed as two different facts. After a driver hit several trees, his car went up in flames.
In the event of a vehicle fire after an accident, according to a judgment, the partially comprehensive insurance only has to cover the damage caused by the fire. The damage previously incurred when hitting an obstacle does not have to be paid, as a ruling by the Higher Regional Court of Celle published on Tuesday shows.
Insurance sued
In the specific case, the plaintiff had hit several trees with his partially insured car and was thrown into a ditch. His car then caught fire. The plaintiff later asked his insurance company to compensate for the entire accident damage.
The 8th civil senate contradicted this: According to the contract, the partial comprehensive insurance does not include the replacement of accidental damage like a fully comprehensive insurance, but only the damage caused by fire or explosion. Therefore, the insured event only arose when the fire broke out and not already when it hit the trees and was thrown into the ditch. The decisive factor is that fire and accident fulfill two different facts under insurance law.
When settling the claim, the value of the vehicle after the accident, but before the fire broke out, should therefore be assumed. According to its own statements, the Senate did not allow a revision. (File number: Higher Regional Court of Celle 8 U 155/05)
