Ask a lawyer on the topic of Traffic law

Loading and unloading a truck.

October 25, 2010 | 35,00 EUR | answered by Steffan Schwerin

Good day,

I inadvertently broke the rear window of a car while loading a kitchen countertop onto a truck I had rented. I reported the damage to my personal liability insurance, but they are denying liability and referring to § 7 of the Road Traffic Act. The truck's engine was turned off and no equipment was in use at the time. I lost balance while lifting the countertop, causing the weight to shift backwards and I stumbled backwards. Does this situation really fall under the operation of a motor vehicle as defined in § 7 of the Road Traffic Act?

Kind regards

Steffan Schwerin

Dear Questioner,

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

No, the requirement from § 7 StVG "during operation" is to be rejected here.

The insurance has wrongly declined.

The characteristic of "realization of the typical operational risk" is to be interpreted broadly. An accident occurs "during the operation" of a motor vehicle as soon as the dangers emanating from a motor vehicle have had an effect and the course of the accident has been shaped by the motor vehicle in this way (cf. BGH NJW 1988, 2802).

However, just unloading the truck is not associated with this operational risk.

Since it apparently was a private action, the liability insurance must also cover the damage.

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Best regards,

Steffan Schwerin
Attorney at Law

Law Office Steffan Schwerin
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