2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Drivers who do not shift into gear on a slope risk their insurance coverage in the event of damage. According to a judgment, special care must be expected at sloping places.
If you park on a sloping street and don't shift into gear, you risk your insurance cover. This emerges from a judgment of the Higher Regional Court (OLG) Karlsruhe, on which the Munich trade journal “recht und schaden”(issue 5/2007) reports. In the opinion of the judges, the driver is acting with gross negligence if he only applies the handbrake in this case. In the event of an accident, the insurance does not have to pay for the damage (Ref.: 19 U 127/07).
Particular care is expected
With its judgment, the court dismissed a vehicle owner's complaint against his insurance company. The plaintiff had parked his car in an area with a gradient of ten percent and only applied the handbrake. The car started rolling and was damaged in the process. However, the insurance company refused to pay for the damage. The OLG agreed with her. It is irrelevant that the plaintiff allegedly only inadvertently failed to engage the gear. When parking on a slope, special care should be expected, according to the judges. (dpa)