2023 Author: Eric Donovan | [email protected]. Last modified: 2023-11-27 05:39
Anyone who causes a car accident while intoxicated must expect the fully comprehensive insurance to reject the claim settlement with reference to "grossly negligent behavior". A young man from Swabia now knows that too.
A story that life writes: The young Christoph S. has borrowed his father's car and is attending a boozy party. The party continues until the early hours of the morning. Despite his alcohol consumption, Christoph ignores any concerns and drives home by car. For no particular reason, he leaves the road at excessive speed, gets into the area of parking bays next to the road and hits a vehicle parked there so hard that it is pushed onto the car in front of it.
Alcohol makes the difference
An hour after the accident, the doctor determined that he was 1.29 per mille. That doesn't stop the father from suing his fully comprehensive insurance for reimbursement of damage to his own car. Without success, as the Tübingen Regional Court is now giving in black and white. The background: an insurance company can be exempted from the obligation to provide benefits if the accident that triggers the regulation was caused by gross negligence. Everyone, including Christoph S., must be aware that as a driver of a car, after a considerable amount of alcohol, he not only endangers himself but also life and limb and the property of others. A correspondingly high inhibition threshold can and must be assumed from motorists, especially since the legal consequences of alcohol-related journeys have been tightened further in recent years.
The judges therefore left no doubt as to the existence of gross negligence in his case. In addition, they saw no other possible cause, such as a special traffic situation, for the accident. In her opinion, alcohol alone was the decisive factor. This overall picture gives the father's comprehensive insurance the right to refuse to settle claims not only partially but completely. According to the Swabian judges' reasoning, it could not be possible to burden the community of insured persons with the costs of an alcohol accident - not even in part (LG Tübingen, judgment of April 26, 2010 - 4 O 326/09 // ZfS 2010, 394 / /). (mid)
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