Inebriated motorist collides with law enforcement vehicle: What about insurance coverage?
"At times, following incidents of drunk driving, damages aren't always deemed as deliberate acts' consequences. In a recent instance, a police vehicle was actually crashed into at the Ellwangen Regional Court, Case No.: 6 O 57/21. Damages: 30,000 euros. Will the insurance cover it?"
"Ever stumbled upon the question, 'Have you had something to drink?' at a police checkpoint? Well, in an odd situation like this, such inquiries might've been skippable for the law enforcers.
Now, as a general rule, anyone responsible for causing accidents through their reckless actions is liable for the damages. No matter how high the alcohol levels, it usually doesn't change this fact, as mentioned by the Traffic Law Working Group of the German Lawyers' Association (DAV).
Disorderly conduct on the highway, courtesy of a tipsy gentleman
The case in question revolved around a man who created a ruckus at a highway rest stop under the influence. When the police attempted to apprehend him, he led them on a high-speed chase, eventually smashing into a police car with his own vehicle. The aftermath: one officer got injured and the police car was written off. The court was tasked with deciding whether the inebriated driver had to foot the bill for the damage exceeding 30,000 euros on his own.
The judges deemed the act deliberate. Despite having a blood alcohol level of 1.54%, he was responsible for recognizing the situation and intentionally ramming the car. The ruling suggested that he willfully accepted the consequences, not just the property damage, but also the harm inflicted upon the officer. This wasn't merely inferred from the witnesses' testimonies and evidence, but also the common knowledge of the thrilling ride one experiences on the bumper cars at a fairground.
The seasoned man who should've known better
Since the insurance wouldn't be responsible due to the deliberate act, the court assigned the financial burden of repairing the damages to the 'experienced defendant'. "
In light of the court's decision, the intoxicated driver might want to reconsider his future encounters with law enforcement officers at checkpoints.
Given the court's ruling, it's essential for the police to enforce strict laws against drunk driving, as incidents like these can lead to severe consequences.
