Unauthorized removal from the scene of an accident: No automatic loss of insurance - individual case decision by the Berlin Regional Court

Unauthorized removal from the scene of an accident: No automatic loss of insurance - individual case decision by the Berlin Regional Court

According to a report by www.fnp.de, a decision by the Berlin Regional Court shows that the fraudulent breach of duty following unauthorized removal from the scene of the accident does not automatically have a negative impact on insurance coverage. The burden of proof lies with the insurer.

In a specific case, a man left the scene after a car accident, but was observed by witnesses and found by the police. The insurance company filed a lawsuit against the man, accusing him of fraudulent behavior and claiming that this meant that the insurance coverage was no longer valid. However, the district court ruled in the driver's favor, which prompted the insurance company to appeal.

This was rejected by the regional court because unauthorized removal from the scene of the accident does not necessarily have to be viewed as malicious behavior. Especially after an accident, those affected could be overwhelmed without intending to harm the interests of their insurance company. Since the insurer was unable to provide sufficient evidence of fraud, the lawsuit was unsuccessful.

As an economic expert, it is important to note that rulings like these can have an impact on the insurance market. Insurers must now carefully examine whether unauthorized removal from the scene of an accident can actually be viewed as fraudulent behavior in order to withdraw insurance coverage. This could lead to increased complexity and uncertainty in the industry, particularly when assessing insurance claims following road accidents.