Individuals who fail to secure their property could potentially be held accountable for any harm inflicted by others.
Ignoring the seatbelt rule in a vehicle could lead to you bearing the brunt of the damages after an accident, as a recent court ruling demonstrates.
Safety belts in vehicles are essential for survival. Passengers in vehicles where seatbelts are compulsory should buckle up while driving. Neglecting this can leave you accountable for your own damages. Even if your carelessness leads to harm for other passengers, you could still be held responsible. This was made clear by a recent verdict from the Higher Regional Court (OLG) of Cologne. (Case No.: 3 U 81/23, not yet final)
Insurance seeks compensation from negligent passenger
This situation concerned a serious road accident involving a passenger in the rear who wasn't wearing a seatbelt, causing severe injuries to the front passenger. The other driver's insurance company sought to recover 70% of the substantial sums already paid for medical treatment, as well as future obligations.
They submitted an expert report that attributed the severe back and chest injuries to the rear passenger not using a seatbelt. The insurance company then filed a lawsuit.
Court's stance on responsibility
In principle, the Higher Regional Court of Cologne ruled that vehicle passengers who disregard the seatbelt rule (Section 21a, Paragraph 1 of the Road Traffic Regulations) can be held liable not only for their own damages but also for hurting other passengers. However, in this specific case, the insurance company's lawsuit was dismissed.
The driver of the other car, who succumbed to the accident, was severely under the influence (1.76% BAC) and was driving at a speed that was more than double the permitted limit - between 150 and 160 km/h instead of the permitted 70 km/h. This reckless, grossly negligent, and inconsiderate behavior led the OLG Cologne to determine that the responsibility of the unbuckled passenger in this instance was secondary.
The passenger's refusal to wear a seatbelt during the accident led to the insurance company attempting to recover costs associated with the individual's injuries and future medical treatments. This situation further highlights the importance of motor vehicle insurance, as it covers such unforeseen circumstances.
Furthermore, it was highlighted in court that disregarding the seatbelt rule can potentially make the passenger liable not only for their own damages but also for harming other passengers, demonstrating the importance of adhering to safety regulations while in a motor vehicle.
