Motor vehicle insurance: OLG Brandenburg strengthens claims for recourse in the event of breaches of duty

Motor vehicle insurance: OLG Brandenburg strengthens claims for recourse in the event of breaches of duty

In a landmark decision, the Brandenburg Higher Regional Court made it clear on June 4, 2025 (Decision 11 W 7/25) that motor vehicle insurers can fully assert claims for recourse in the event of multiple breaches of duty. This could be important for many insured people in Cologne and the surrounding area, especially when you consider what obligations there are and what consequences a violation of them can have.

Policyholders who, for example, drive without a license or fail to report accidents must expect the loss of their insurance coverage and full recourse from the insurer. anwalt.de emphasizes that breaches of obligation can lead to additional recourse both before and after the insured event, which can significantly worsen the situation for the insured person.

Obligations in detail

What exactly are these obligations? The traffic lexicon provides an interesting breakdown, where a distinction is made between obligations before and after the insured event. Examples of serious violations include driving under the influence of alcohol, leaving the scene of an accident without permission or misusing red license plates. All of these points can result in significant economic disadvantages for the policyholder verkehrslexikon.de.

In order to retain insurance coverage, it is important to take these obligations seriously and always communicate transparently with the insurance company. The Brandenburg Higher Regional Court also emphasized that policyholders cannot rely on the “nemo tenetur” principle to avoid their obligations to cooperate. The burden of proof here clearly lies with the policyholder, who must prove that his breach of obligation had no influence on the insured event.

Legal framework

The legal framework data is just as important. The majority of decisions on breach of duty are shaped by precedents from the Federal Court of Justice (BGH) and the higher regional courts. It is important, for example, that hardly any breach of obligation can be effectively enforced without clear instructions from the insurer about the legal consequences. According to the BGH, in exceptional cases customers do not have to make unsolicited statements, but in most breaches of obligations they have a clear mandate to adhere to the conditions in order to avoid unpleasant surprises.

The recent decision of the Brandenburg Higher Regional Court thus strengthens the position of insurers in the enforcement of recourse and makes it clear that breaches of obligations should be taken seriously. Consumers are therefore well advised to be clear about their rights and obligations and, if in doubt, to seek legal advice in good time.