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Driver is not liable: Insurance cannot claim recourse
A truck driver is not liable to the comprehensive insurance - established by the Dresden Higher Regional Court. Find out more about the decision in this article. Damage to company truck: Driver remains unaffected.
Driver is not liable: Insurance cannot claim recourse
Truck driver is not liable to comprehensive insurance
According to a decision by the Dresden Higher Regional Court, an insurance company cannot prosecute the employed driver in the event of an accident caused by slight negligence involving a company truck that is comprehensively insured. The specific case involved a driver who drove his truck off the road and collided with two trees. Although the driver immediately reported the accident to the employer, the insurance company reimbursed the damage and then demanded the money back from the driver.
The insurance company's justification was that the driver had breached his obligations under the insurance contract by not reporting the damage immediately and not fully explaining himself. However, the court dismissed the lawsuit because the driver was not the contractual partner and therefore could not breach the contract. The driver had also not breached any duties towards the company.
It was found that although the driver caused the accident with slight negligence, there was no right to compensation within the scope of his employment. This meant that the comprehensive insurance company could not hold the driver responsible and demand repayments. The decision of the Dresden Higher Regional Court shows that in such cases the truck driver's liability towards the comprehensive insurance company is limited.