Process: Ferrari driver’s insurance loses for the second time

process
Ferrari driver’s insurance loses for the second time

lady justice

View of the Justitia over the entrance of a regional court. Photo: Hendrik Schmidt/dpa-Zentralbild/dpa/Symbolbild

© dpa-infocom GmbH

The insurance of a Ferrari driver has also lost a lawsuit against a municipality in the second instance. After the Koblenz district court, the higher regional court also dismissed the claim for damages brought by the insurance company for damages against the municipality of Cochem an der Mosel of Rhineland-Palatinate (decision of December 7, 2021, number of file 12 U 1012/21). The district court had already rejected the accusation that the municipality had not sufficiently taken care of the safety of its streets (10 O 359/20).

The insurance of a Ferrari driver has also lost a lawsuit against a municipality in the second instance. After the Koblenz district court, the higher regional court also dismissed the claim for damages brought by the insurance company for damages against the municipality of Cochem an der Mosel of Rhineland-Palatinate (decision of December 7, 2021, number of file 12 U 1012/21). The district court had already rejected the accusation that the municipality had not sufficiently taken care of the safety of its streets (10 O 359/20).

In August 2019, the driver is said to have driven his decades-old Ferrari F40 through a narrow street in Cochem and, due to parked cars, avoided a sloping rain gutter on the right side. The sports car landed on a manhole cover and was damaged.

The Ferrari driver’s insurance company demanded repair costs of around 60,000 euros from the municipality of Cochem, to no avail. The Koblenz district court found that the man should have recognized the potholes and adjusted his driving style.

The Koblenz Higher Regional Court declared that the community had a duty to ensure traffic safety. However, it is not required to ensure that the road can also be safely used by “not fit for everyday use” cars such as the Ferrari, at considerable cost. Even if the sports car, which is lowered from series, is approved for road traffic, this does not mean that it can be guaranteed that it can be driven safely on all public roads.

According to the Superior Regional Court, the insurance company then withdrew its appeal. Therefore, the judgment of the court of first instance that dismissed the claim has become final. Some historic F40s are listed on the Internet for more than a million euros.

dop

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