2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Anyone who, as a driver of someone else's car, fills the tank with the wrong fuel will have to pay for the inevitable engine damage themselves. Personal liability does not apply in this case.
If someone else's car is refueled with the wrong fuel, private liability insurance will not cover this damage. Private liability does not apply to damage caused in connection with the operation of a motor vehicle. That was decided by the Duisburg Regional Court (Az.: 11 O 105/05), reports the Munich trade journal “NJW-Jurisdiction Report Civil Law” (12/2007 edition).
In the negotiated case, the plaintiff, as a passenger, used the brief absence of the driver of a diesel vehicle to refuel it. Instead of diesel, however, he refilled with gasoline. He reported the cost of the resulting engine damage of around 7,000 euros to his private liability insurance. However, this refused payment and was confirmed by the court.
The plaintiff did not cause the damage as a passenger but as a driver of a motor vehicle because he drove the car to the gas pump. In his capacity as a vehicle driver, however, he is not covered by private liability insurance. He must therefore bear the cost of the damage himself. (dpa)