Regardless of whether there is snow this winter, drivers should definitely make sure to choose the right tires, because slippery conditions can also be a danger in the cold season. Otherwise there will be serious consequences – including financial ones.
Since 2010, winter tires have been mandatory in Germany in accordance with Section 2 Paragraph 3a of the Road Traffic Act in cases of “black ice, slippery snow, slush, ice or frost”. But what happens if you still use summer tires and cause an accident? Who pays in such a case?
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Loss of insurance cover possible
Anyone who uses summer tires in ice and snow runs the risk of being stuck with the costs in the event of an accident – and that can be expensive.
On the one hand, drivers may have to fear that their own car insurance will be reduced or refused benefits. This is particularly dangerous if the driver of the vehicle can be accused of gross negligence. It is very likely that you will be accused of gross negligence if you drive with summer tires despite sub-zero temperatures and several centimeters of snow. In such a case, even a routine police check can result in a fine of at least 60 euros and one point in Flensburg.
In the event of an accident, this penalty not only increases to 120 euros and one point in Flensburg, but even those with fully comprehensive insurance can be stuck with the repair costs. In addition, there are possible compensation payments, loss of earnings or pension payments. This can quickly add up to several thousand euros.
But accident victims can also face high penalties if they use incorrect tires. As in almost all legal questions, this depends on the individual case. In addition, in the event of an accident, the driver is always held responsible and not the owner.
Accusation of gross negligence
In Germany it is generally not forbidden to use summer tires on the roads even during the cold season. Winter tires only become mandatory when one of the road conditions mentioned above occurs. However, every responsible driver should be prepared for any weather situation during the winter months, including snow-covered and slippery roads.
Various court rulings show that it is not always clear whether a driver can be accused of gross negligence or not. According to a ruling by the Papenburg District Court (AZ: 20 C 322/15), an insurer’s decision to only reimburse half of damage caused by the use of summer tires in winter was unlawful. The specific case involved a driver who drove off the road with summer tires at 5:00 a.m. in January and crashed into a tree. However, the court decided in favor of the driver because he was not driving in snow, ice or rain and when the outside temperature was 1.8 degrees, it was advisable to use winter tires, but not mandatory.
In this case, the court decided that the insurance company must reimburse the injured party the full amount.
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Editorial team finanzen.net
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