Company truck accident: Insurance cannot prosecute driver

Company truck accident: Insurance cannot prosecute driver

In the event of a self-inflicted accident, a truck with comprehensive insurance usually means that the comprehensive insurance will cover the damage caused to the vehicle. This regulation also applies in the case of a company truck and in the event of slight negligence on the part of the driver, as a court ruling shows.

The Dresden Higher Regional Court made a decision stating that an insurance company cannot hold an employed truck driver accountable for an accident caused by slight negligence involving a company truck that was insured by them. In this specific case, the driver of a transport company drove his truck off the road and collided with two trees. He immediately informed his employer about the accident, but did not tell the police until the next day.

Although the insurance company settled the damage, it demanded the money back from the driver. The reason given was that the driver had breached his obligations under the insurance contract because he did not report the damage immediately and did not fully explain himself. The court dismissed the lawsuit because the driver was not a contractual partner and therefore could not violate the contract. The driver also did not breach any duties towards the company. Despite slight negligence in causing the accident, there is no claim for compensation in the employment relationship.