Collision during overtaking: Is financial compensation covered by the insurance?
Consideration is crucial in road traffic, and failing to do so can lead to dangerous situations, particularly during overtaking. This is where distance comes into play, even when passing motorbikes in a car. The Road Traffic Regulations (StVO) set specific meter values for this in urban and non-urban areas: at least 1.5 meters in urban areas and a minimum of 2 meters outside urban areas.
However, overtaking motorbikes should be done with care and ample distance, although the StVO (Paragraph 5, Section 4) does not provide specific meter values for this. It only emphasizes the need for "sufficient side distance" for all motor vehicles. Neglecting this could lead to you being fully liable in case of an accident. This was evident in a court case (Case No.: 14 O 65/21) reported by the Traffic Law Working Group (AG Verkehr) of the German Bar Association (DAV).
Motorcycle-car collision
In a specific instance, a motorcyclist was riding when a collision occurred with another vehicle leaving a roundabout. The biker fell off, suffered injuries, and his motorcycle was damaged. According to his account, the car driver overtook him with insufficient distance, forcing him out.
After several requests, he sought compensation from the car driver's motor vehicle liability insurance, which was denied. The car driver claimed that the biker was at fault due to a traffic violation. The case went to court.
Expert testimony and witness statements favor motorcyclist
The court ruled in favor of the motorcyclist. It found the car driver responsible for the collision, as he overtook with inadequate distance in a traffic-violating manner. This claim could not be contested by the car driver. Conversely, the expert opinion and witness statements backed the plaintiff's version. The car insurance was held fully liable.
Given that the StVO does not provide specific meter values for motorbikes like it does for bicycles (1.5 meters in urban areas/2 meters outside urban areas), Christian Janeczek of the AG Verkehr suggests maintaining at least a 1-meter distance, considering current case law.
In this context, it's essential to exercise caution when overtaking motorbikes, as the Road Traffic Regulations (StVO) only emphasize the need for "sufficient side distance" without specifying meter values. Neglecting this could result in full liability if an accident occurs, as highlighted in the court case 14 O 65/21.
The court ruled that the car driver was fully responsible for the collision due to overtaking with inadequate distance, a traffic violation that couldn't be contested. Expert testimony and witness statements supported the motorcyclist's version, underscoring the importance of maintaining an adequate distance when overtaking motorbikes, such as the suggested 1-meter distance proposed by Christian Janeczek.
