Vehicle and liability: What are the basic rules?
The obligatory car insurance covers many damages. What happens to liabilities that are not included? What happens when for example a child damages a car, the car was lent out, or damage occurs due to a pothole. In all of these cases, there are certain laws that clear the question of liability. These are not known to all motorists, that is why we have individually listed the regulations in our guide and explained the legal situation for you. It is especially important what the damage is, who is liable and if measures were taken to avoid the damage. Basically, you should always protect yourself to ensure that you don’t receive any unjust liability claims. How to do this will be explained below.
Liability for the damage caused by children
The liability for damage caused by children is regulated separately and requires some juridical knowledge. If a child causes damage, its age is of particular important. In case of a car accident a child who is between 7 and 10 years old is not considered responsible for the damage. Unless the child acted with intent. Children under seven years will never be made responsible for damage; if the parents failed to perform their supervisory role then they are responsible.
Liability example 1: Little Ahmed runs after his ball into the street. An oncoming car swerves from him and drives into another vehicle.
- If the parents failed to perform their supervisory role then they are liable. If this is not the case then both children and parents are not liable.
Liability example 2: Little Fatema (8) is playing with a stone and breaks the window of a vehicle that is driving by.
- Since the child acted willingly and knowingly, the liability privilege that children between 7 and 10 have takes effect and the parents must bear the damages.
All the rules listed are for children that have caused damage in flowing traffic.
Liability example 3: While his parents are sleeping, the ten year old Mustafa throws his toy out of the window and damages a parked car.
- In this case, the child can be held responsible for the damage as the car is parked and is not an overwhelming situation for him.
Damage from a pothole: Liability?
When winter has ended and snow and ice are melting, the frost damages can be seen in the streets. These are caused when moisture enters the asphalt. If it goes into the minus temperatures, the frozen water causes cracks and already existing holes are enlarged and it creates a dangerous spot on the street. A prompt repair is not always possible so always drive carefully and expect potholes.
For vehicles that are damaged due to a pothole, there are special liability rules. First of all, the construction authorities must be held liable. According to the state that can be the federal government or the municipality. The liability claim can be difficult if it cannot be proved that there is breach of legal duty. That is the case if the pothole has not been repaired, or there is a sign with a warning or advising drivers to slow down. In any case, the pothole should be photographed, even better call the police so that they can record the damage.
Liability for a financed vehicle
The liability for a vehicle that you have loaned have special rules. The most important point that you must be aware of have been put together in a check list for you:
- Confirm that the borrower has a valid driver’s license
- If you don’t do this, then you will have to assume the liability and expect an imprisonment of one year or a fine.
- Agree as to who is liable in the event of damage, prior to handing over the keys
- This will be positively taken into account in a court case, you must however know that due to such legal battles many long-standing friendships have ended.
- Along with the required car insurance also get a collision insurance.
- You are then insured in case of damage but also run the risk of being downgraded in the claims category and having higher premiums.
Selling a car: What about the liability?
If a car is sold then the commercial salesperson is liable for defects for the next 6 months. This is legally governed by the laws, regulations and liability for defects and is valid for all defects, which are not excluded in the purchase agreement. However, it must be ensured that even with a legally agreed upon disclaimer that it adheres to the basic legal principles. If this is not the case, then the seller is responsible for defects that were excluded as the contract is void. Protect yourself if you are able to with the help of a lawyer. Moreover, the liability can be excluded for defects in a private sale. Therefore, be careful in such cases and if in doubt, let the car be examined by an independent expert.
Tip box:
In order that a warranty is excluded with a private sale, a sales contract must be presented that has not been presented to several buyers. If a pre-formulated contract is used, you should make it clear that an exclusion of guarantee does not apply to gross negligence and personal injury. We recommend that you formulate the warranty claim completely and individually. Use a standard contract as basis.
Note: SellCarGetCash.com does not offer legal advice, nor should this text be considered a legal opinion. Always consult with a lawyer, before entering agreements. This guide should merely be read as tips to the best knowledge of the editing team.