BGH ruling: Who is liable in the event of a reversing accident with a trailer?

BGH ruling: Who is liable in the event of a reversing accident with a trailer?

The Federal Court of Justice (BGH) is currently dealing with a leading legal case regarding liability in accidents involving vehicles and trailers. In particular, it concerns an incident that occurred while reversing a car and trailer. A driver drove her vehicle, which led to an accident. It is interesting that the car and trailer were insured with different insurance companies. Subsequently, the motor vehicle liability insurance initially covered the full damage of 930 euros and then demanded 465 euros back from the trailer insurance.

However, the trailer insurance refused to pay and cited Section 19 Paragraph 4 of the Road Traffic Act (StVG). This led to a lawsuit before the Hanover Regional Court, where the plaintiff argued that reversing could not be viewed as a “pulling process”. However, the Hanover Regional Court dismissed the lawsuit and agreed with the defendant, which led to the case ending up at the BGH in Karlsruhe.

Judgment of the Federal Court of Justice

In a decision published on November 14, 2023, the BGH concluded that reversing is actually considered “pulling” within the meaning of the StVG. This means that most of the liability for the damage lies with the car insurance company. The trailer insurance is therefore not obliged to cover costs, even if the trailer was moved backwards. This ruling provides clarity in insurance practice and raises questions regarding liability in the event of accidents with different insurance carriers.

Relevance to international law

In addition, the case is important not only for national but also for international jurisprudence. There are parallel judgments that address the application of German law to the internal compensation of liability insurers for towing vehicles and trailers if they are registered in different countries. In particular, a judgment from March 3, 2021 deals with the requirements and jurisdiction of German courts, including when it comes to claims arising from tortious acts. This shows that the issue of liability across national borders is complex and the legal framework can vary significantly.

The decisions of the Federal Court of Justice and other relevant courts make it clear how important clear legal regulations are in the area of ​​traffic liability insurance. In Germany, in the event of an accident involving a car and a trailer, liability is normally assigned to the owner of the train, even when reversing. This not only provides clarity for those involved, but also strengthens the contractual foundations of the insurance companies.

For detailed information on the case, the judgments and legal provisions can be found on the platforms anwalt.de and dejure.org can be viewed.