The Federal Ministry of Justice is planning new liability rules for traffic accidents

Federal Justice Minister Stefanie Hubig (SPD) is planning new rules for liability in traffic accidents. The minimum insured amounts for motor vehicle liability insurance are to be doubled. Whether the other party in the accident drove a leased car should no longer make a difference in compensation in the future, according to a draft from the ministry.

“A traffic accident can change your life from one moment to the next,” says Hubig. Anyone who gets into an accident through no fault of their own must be able to rely on clear and fair liability rules, says the minister, justifying her proposal.

When it comes to leased cars, the owner and owner are often different people. According to current law, the owner of a damaged leased car generally does not have to allow the operational risk and the driver's contributory negligence to be taken into account in his claim against the other party in the accident. In the case of a car that belongs to the owner, the contributions of those involved in the accident are weighed against this.

A leasing company can demand full compensation from the other party in the accident, even though the driver of the leased car contributed to the accident. The other party to the accident can then try to get the extra amount back from the lessee or driver. This recourse is not always possible and may trigger additional procedures and cost risks. The draft aims to equate the owner of a leased car with the same liability as the owner in the future.

The legal maximum liability amounts in road traffic should increase. The ministry wants to react to the development of inflation since the last adjustment in 2007. For ordinary motor vehicles, there is currently a limit of five million euros for personal injury per accident event. For property damage it is one million euros, as well as for all damage from the same accident. If several claims exceed the maximum amounts, compensation may be reduced. The draft doubles the limits to ten million euros for personal injuries and two million euros for property damage. When transporting dangerous goods, the limit for personal injury and damage to real estate is to rise from 10 to 20 million euros.

At the same time, the minimum insurance amounts for motor vehicle liability are to be increased. In the future, at least 15 million euros are planned for personal injuries, 2.5 million euros for property damage and 100,000 euros for pure financial losses. Lower existing mandatory coverage should automatically adjust when the law comes into force. According to the ministry, most vehicle policies already have higher coverage amounts. Nevertheless, according to the draft, the higher liability risks could trigger moderate, currently unquantifiable premium increases.

If the policyholder intentionally and unlawfully damages a third party with the vehicle, i.e. uses it as a murder weapon, there is generally no direct claim against his insurer; The compensation fund often comes into play. In future, in such cases, injured parties should in principle be able to claim directly from the motor vehicle liability insurer. The person causing the damage remains personally liable.