Suspected fake accident: Evidence could be adequate
If there are several clues pointing towards a staged car accident, an insurance company doesn't have to pay out since there's a high chance of fraud. This was made clear in a ruling by the Düsseldorf Regional Court (Case Ref.: 10 O 281/22), as noted by the Traffic Law Working Group of the German Bar Association (DAV).
The case involved a minor car crash where an insurance company refused to make a payout. An old Opel Astra had crashed into a high-end Mercedes-Benz CLK. The plaintiff claimed that the Opel driver had caused damage to his Mercedes during parking. At this point, things seemed regular.
Financial struggles among the parties
However, there were other suspicious elements – the value difference between the two cars, the prompt acceptance of liability, and numerous other red flags. Firstly, both parties were facing financial difficulties, which raised doubts. Secondly, there were inconsistencies in the narratives of the incident, and finally, the man and the woman appeared to be acquainted with each other.
The court relied on circumstantial evidence, as it indicated a potentially manipulated car accident. As a result of this decision, the motor vehicle liability insurance for the Opel driver, who was taken to court by the man, did not need to cover the damages.
Normally, an individual with car damage caused by another party only has to present a cost estimate or an expert opinion regarding the extent of damages, after which the insurance company would be obliged to reimburse the amount. Nevertheless, it's up to the car owner to determine whether and how repairs would be carried out.
The German Insurance Association (GDV) reports that approximately four million motor vehicle liability claims occur annually in Germany. Approximately 35 to 40% of these claims are reportedly fabricated.
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- Given the high incidence of fraudulent car accident claims in Germany, it's essential for insurance advisors to thoroughly examine potential red flags before making payouts, like in the case of the Opel Astra and Mercedes-Benz CLK accident.
- In the aftermath of the court's ruling, legal experts advised consumers to be vigilant when dealing with car insurance claims, reminding them that judgments against fraudsters can serve as a deterrent.
- To protect themselves from potential legal issues, car insurance companies should employ a team of experienced advisors to scrutinize claims and detect signs of fraudulent activities, thereby protecting both the consumers and the insurers.
Source: www.ntv.de
