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Parking accidents


Parking accidents do not play a minor role in practice. If you know the legal situation, the grows at the drive of a supermarket car park a queasy feeling. Sufferers of such parking incidents are often both parties, because the courts frequently carry out a damage apportionment.In its judgment of 15.12.2015 on file VI ZR 6/15, the Federal Court of Justice has adopted a principle decision on the application of the prima facie evidence in the case of parking accidents. The verdict was based on an accident constellation, in which two motor vehicles travel backwards out of the parking bay of a private but publicly accessible parking lot, for example a supermarket, and collide with one another. In this case, for example, the vehicle A travels laterally into the vehicle B and it can not be excluded that B was already standing at the time of the collision. According to a widespread view, in these cases an equally high responsibility was assumed, ie a liability distribution 50/50 was assumed. The reason for this was the assumption by way of a prima facie evidence that both parties involved in the event of a reversal were in breach of their due diligence obligations under Section 9 (5) of the Road Traffic Regulations.The verdict was misinterpreted in the media. This applies both to the allegedly earlier legal situation, according to which, in such constellations, each had to bear its own damage as well as the new legal situation, which is allegedly to replace one of the parties in full. Neither had the accidents involved suffered their own damage in the past, nor does the BGH's judgment imply the full liability of any of the parties involved. A legal consequence, according to which in such cases everyone must bear his own damage is foreign to German law. Rather, it was the case that each of the insurers could claim 50% of their own damages. Surprisingly, the false assumption that everyone must bear their own damage has been stubbornly persistent for many years, as stubborn as perception, and the distribution of liability between the accident victims would be the responsibility of the insurers. In these cases, the insurers do not interfere with each other at all.The BGH does not impose a liability rate. The main issue is the question of whether a prima facie evidence is applied against the person who may already have been. The BGH denies this.In any case, if one reads the aforementioned judgment of the Federal Court of Justice to the end, it becomes clear that a full liability of one of the accident participants is possible, but not precisely. After the decision, in the future, at least one predominant liability of the person who has entered the other passenger car will usually be accepted - if it can not be ruled out that he already existed. The Federal Court of Justice dismissed the case to the Court of Appeals, stating the following:"In the case of further proceedings, the Senate points out that, even if the proof of the first appearance is not a fault on the part of the plaintiff, the operational risk of his vehicle and other circumstances which can be inferred by a fault of the originally returning trader , May be taken into account in the context of the weighing-up. "(BGH, judgment of 15 December 2015 - VI ZR 6/15, paragraph 16, juris)There remains a great deal of scope for determining the liability distribution. A liability ratio of 75/25 can be considered probable.

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