Some legal issues appear to have been clearly clarified by case law. However, this does not prevent individual liability insurers from wanting to “test” their limits here too. In the present case, the opposing liability insurance company simply ignored such clear case law, including that of the Federal Court of Justice – so legal action
After a traffic accident abroad, a German injured party can in principle assert his claims in Germany with the settlement agent of the foreign liability insurance company and even sue for them in German courts if necessary. The case we handled involved a traffic accident in Belgium, where liability on the merits was not in
Accident at traffic circle in England, AG Schweinfurt, judgment of 07.06.2021 Multi-lane traffic circles in England will remain a mystery to many German drivers. There are no concrete traffic regulations as in German law; rather, there are general duties of care arising from the Road Traffic Act 1988 and the Highway Code, which are, however,
Liability insurers have a tendency to reduce claim items without rhyme or reason. A clerk took this to the extreme and actually cut an amount of € 3.09 from the expert costs (a total of over € 800). The Schweinfurt Local Court has declared this practice inadmissible. After the injured party had settled the expert’s
After a claim for damages has been made following a traffic accident, the personal data of the injured party is regularly passed on to testing service providers and the HIS system by the opposing liability insurance company. In proceedings before the Schweinfurt Regional Court, we asserted the deletion of this data on behalf of our
In a (legally binding) judgment obtained by us from the 12.04.2021, Az. 23 O 899/20the Regional Court of Schweinfurt commented extensively on questions relating to loss of use in the case of fictitious settlement (i.e. without submission of a repair invoice) as well as the reimbursability of and requirements for a repair confirmation: Loss of