Ask a lawyer on the topic of Traffic law

Liability damage, force majeure

November 27, 2009 | 20,00 EUR | answered by Steffan Schwerin

Hello,

about 3 weeks ago, we were driving on the highway. A vehicle in front of us kicked up a component or something from the road, which hit my vehicle and damaged the hood, headlight, and windshield. The driver of the other vehicle confirmed the accident in writing at the next rest stop. The damage amounts to approximately 1,000.00 EUR according to the cost estimate. After two phone calls with the responsible party's insurance company, it seems that they will not cover the damage. They describe the accident/damage as an "unavoidable event" and exclude liability of their policyholder. I would like to know if this is legal and what the next steps could be.

Thank you in advance for your response.

Kind regards.

Steffan Schwerin

Dear Questioner,

I will answer the questions you have asked taking into account the circumstances described and your efforts as follows:

If the insurance company has declined liability here because an "unavoidable event" occurred, this cannot be comprehended. This terminology was removed from the law several years ago and replaced with "force majeure".

In principle, the insurance company can rely on force majeure and exclude liability.

Force majeure, or previously an unavoidable event, exists when a traffic accident is caused by an event that, despite the utmost care and diligence of the vehicle owner and driver under the circumstances, could not be avoided. In these cases, there is no liability and therefore no obligation for the vehicle owner and driver to compensate the victims of the traffic accident. An unavoidable event does not occur if the accident - even without the fault of the vehicle owner or driver - is based on defects in the vehicle or a failure of its devices. The question of whether an unavoidable event exists or not is often the key issue in settling claims for damages.

In your case, it could indeed be such a case, as the other driver is generally not at fault if such a part is lying on the road.

However, the insurance company must prove that it is such a case.

It may also make sense to proceed with legal action. However, this process will be very lengthy and costly. It is necessary to consider whether it is worth pursuing such a dispute over €1000.

You should once again request the insurance company in writing to settle the claim and provide a reason for the denial.

If no payment is made, you should consider taking legal action.

I must point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I provide is based solely on the factual information you have provided. By adding or omitting relevant information in your description of the facts, a completely different legal assessment may result.

I hope I have given you an initial overview and that my explanations are helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee paid would be fully credited.

A greater distance between lawyer and client generally poses no problem. With the help of modern communication tools such as email, post, fax, and telephone, legal services can still be provided.

Sincerely,

Steffan Schwerin
Lawyer

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