Traffic law: high costs for caravan owners after accident!

Traffic law: high costs for caravan owners after accident!

On May 7, 2025, a judgment by the Mönchengladbach district court caused a sensation, which dealt with responsibility in a traffic accident between a caravan team and a car. The incident occurred on a country road, with the caravan with a width of 2.63 meters and the car involved in 2.11 meters. The court came to the conclusion that the cause of the accident was in the spread of the team and had to determine a higher risk of operation.

In the investigation, an expert opinion found that both vehicles might not have been collided if the driver was carefully driving behavior. It was also pointed out that the team with its exterior mirrors protruded at least 10 centimeters into the oncoming lane, which was considered an essential cause of the accident. Therefore, the court decided that the owner of the caravan was imposed 80 % of the process costs.

legal situation and liability distribution

This decision is made against the background of a comprehensive reform of liability in the event of accidents with supporters that came into force on July 17, 2020. The reform, which was decided by the Federal Cabinet on January 8, 2020, aimed to improve the legal situation. Before the reform, the old regulation led to higher insurance premiums and billing problems with trailer owners from countries where there is no compulsory insurance.

The new regulation states that the insurer of the towing vehicle is now responsible for the damage regulation even in the event of accidents with supporters. This applies to all types of teams, including trucks and caravans. A central point of the reform is the clarification of the liability distribution between the owners. In the case of double insurance, the liability insurers usually share half of the damage. However, if the trailer has worked in danger, the regulation may be different.

effects on the insurance landscape

The adjustments in the Insurance Contract Act help to ensure that in the event of damage by a team with different insurers, both are responsible for the entire damage. Inside, the insurers will be liable in accordance with the contractual regulations. These measures are recovered to regulatory practice before the Federal Court of Justice's judgment in 2010 and should regulate the transfer of liability issues.

The Mönchengladbach district court decided that in the present case, the higher operating risk of the caravan was decisive and that a clear liability distribution was made possible. The revision was not approved because the case has no fundamental meaning. This judgment underlines the relevant changes in the liability regulation in the event of accidents with supporters and could be pioneering for future legal questions in this area.

For further information on the reform of liability in the event of accidents with supporters, we refer to Kanzlei Voigt and the judgment details can in an analysis of Insurance Journal