Allegation: Causing a traffic accident due to inappropriate speed
A little carelessness and it quickly happens – you end up on the verge and damage a delineator or slip out of a bend in wet conditions.
In these situations, there is usually only minor damage to third parties, but the damage to the driver’s own vehicle is much higher. Who then dutifully calls the police, is mostly confronted with the accusation of inappropriate speed – makes e.g. 145 € fine and a point in the driving aptitude register (FAER).
As if the damage to one’s own vehicle were not annoying enough, one must also reckon with a fine, whereby the vehicle damage regularly amounts to a multiple.
However, many courts also view this “double punishment” critically, such as the Schweinfurt Local Court in this case. Due to an own damage of more than 5.000 € we could achieve for our client that the fine was reduced under the registration limit to 55 €. Therefore, our client will at least not receive an entry in the FAER. The hearing could take place in the absence of our client – he did not even have to appear in court.
He therefore only has to pay a fine of €55.00 – the costs of the proceedings are borne by the legal protection insurer: a good example of why we unreservedly recommend taking out this type of insurance without an excess – at least in the traffic sector.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV