Motor insurance: OLG Brandenburg strengthens recourse claims for breaches of duty

Motor insurance: OLG Brandenburg strengthens recourse claims for breaches of duty

policyholder who, for example, drive without a driving license or do not report accidents, must count on the loss of their insurance cover and a complete recourse from the insurer. Anwalt.de emphasizes that the duty injuries can lead to an added regress can make considerably worse.

obligation in detail

What exactly are these obligations? The traffic lexicon provides interesting breakdown, where a distinction is made between obligations before and after the insured event. Examples of serious violations are driving under the influence of alcohol, the unauthorized removal from the scene of the accident or the abusive use of red license plates. All of these points can have significant economic disadvantages for the policyholder traffic lexikon.de.

In order to keep insurance coverage, it is important to take these obligations seriously and always communicate transparently with the insurance. The OLG Brandenburg has also emphasized that policyholder cannot rely on the "Nemo Tenetur" principle in order to avoid their duties of cooperation. The burden of proof is clearly due to the policyholder, who has to prove that his violation of the wasteness had no influence on the insured event.

legal framework conditions

The legal framework data are just as important. A large part of the decisions on the duties are characterized by precedent in the Federal Court of Justice (BGH) and the Higher Regional Court. It is important, for example, that hardly any breach of wasteness without clear instruction about the legal consequences by the insurer is effective. According to the BGH, customers do not have to submit any unsolicited explanations in exceptional cases, but have a clear order in most duties injuries to adhere to the conditions in order to avoid unpleasant surprises.

The recent decision of the OLG Brandenburg thus strengthens the position of insurers in the regress enforcement and illustrates that injuries should be taken seriously. Consumers are therefore well advised to be clear about their rights and obligations and to get legal advice in good time in case of doubt.