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Ordinarily, mandatory motor insurance in Germany covers costs that would be incurred by any third party involved in an accident. In German law the driver is always deemed a responsible party. If the driver of the vehicle in question is not the owner then injured parties can also claim recompense from him.
We might all have a reasonably clear cut expectation of blame and liability in the unhappy event of a car accident. However, things are sometimes more complicated than they first appear.
The extent of third party cover with regard to car insurance (Autoversicherung) has just been tested before the courts in Germany. A car driver about to reverse into a parking space noticed that he was in danger of hitting a scooter parked right at the side of the next bay. Looking to address this he stepped out the car and picked up the scooter, intending to place it more centrally within the space but dropped it, causing substantial damage.
The matter went to court when the driver’s third party Autoversicherung refused to pick up the tab for the mishap. This seems quite reasonable on the face of it – the vehicle was stationary and the engine was not running. However the judge ruled that the damage to the scooter was a result of an accident involving an insured motor vehicle. Therefore the Haftversicherung would have to cover the cost of repairs. The judge deemed the vehicle itself a causal factor in the incident which was connected to it in time and proximity even if there was no collision as such.
As a result of this ruling it is very likely that a number of insurance companies will be looking to boost their premiums since the scope of their liability has in effect been widened considerably. For the customer this is a simply yet another compelling reason to research the Autoversicherung market carefully before selecting a new provider.
By: Mark Lauterwein
Article Source: www.ArticlesBase.com
Mark Lauterwein is a UK based writer. He is currently writing articles on a variety of subjects.
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