"The greatest danger on the road is a car that drives faster than its driver can think."
Robert Lembke
Getting behind the wheel of a car in Germany calls for the utmost care and attention. Alongside all the risks that come with operating a vehicle that poses an increased danger, drivers should also bear in mind the criminal liability that can catch up with them after certain traffic violations. Under the German Criminal Code (Strafgesetzbuch, StGB), the main provisions that come into play in connection with traffic accidents include:
- unlawfully leaving the scene of an accident (§ 142 StGB),
- endangering road traffic (§ 315c StGB),
- driving a motor vehicle while intoxicated (§ 316 StGB).
Under settled case law, fleeing the scene of a traffic accident means a driver who has violated traffic rules leaving the scene of an accident they were involved in. This is a violation that can result in the loss of the driving licence.
A person is considered to have left the scene of an accident if, as a participant in it, they left before:
- allowing, in the interests of the other parties involved and the injured party, their identity, their vehicle, and the nature of the incident to be established through their presence and a statement that they were involved in the accident, or
- waiting the amount of time reasonably required, under the circumstances, for someone to be able to record the circumstances of the incident (the waiting period).
The law provides for a fine or imprisonment of up to three years for the offenses listed above.
Drivers should also be clearly aware that mandatory insurance cover applies only if the driver properly complied with the necessary formalities and did not leave the scene of the accident without authorization. Otherwise, on top of the other adverse consequences mentioned above, the offender risks a penalty from the insurer and having to reimburse the amount the insurer paid out.
Our law firm is regularly approached by clients who need legal help after being involved in an accident, or who run into problems obtaining the corresponding payout from an insurer. In this article, we describe a case that once happened to one of our clients, and how we were able to help him avoid the negative consequences of the absurd situation he found himself in.
The Client's Story: Christmas Parking and a Note on the Windshield
A young man came to us — let's call him Igor — who unexpectedly found himself in a difficult situation. He lived and studied in Berlin at one of the local universities, while his parents lived in Munich. His well-off parents rented him a small but stylishly furnished apartment in the center of West Berlin and also bought him a car, which Igor was rarely without. During holidays and vacations, the young man would usually visit his family in Munich, of course making the trip in his favorite car.
On one visit to his parents just before Christmas, Igor and his mother went shopping in his car. They drove around several shopping centers and, having filled the car to the brim with purchases, decided to stop at a large supermarket for groceries on the way back. The young man parked the car on the roadside near the shop. Since the cars were parked very close together, Igor asked his mother to get out and make sure he didn't hit the car parked behind him. She dutifully waved her hands to show which way to turn the wheel while the driver demonstrated his skill at parallel parking. As often happens in Germany, an elderly woman was watching this scene, feeling it was her duty to keep an eye on the process and see how it turned out. According to her observations, the young man hit the car parked behind him twice while parking. Unaware of anything, Igor, having picked up groceries with his mother, got back behind the wheel and drove home.
Unfortunately, the woman, suspecting something was wrong, decided not to leave it at that and recorded her observations. She left a note for the owner of the car parked behind, stating that a traffic accident had occurred, and gave her name and phone number. She tucked the note under the windshield wiper and, with a sense of duty fulfilled, went home.
A Charge Under § 142 StGB and the Insurer's Claims
This case, which had not seemed to carry any consequences at first, took a fairly serious turn. The owner of the "damaged" BMW got in touch with the woman, who described the circumstances of the "accident" in detail and gave the number plate of our client's car. The injured party contacted his insurer, with whom he held partial comprehensive cover, and claimed for the damage caused by the accident. Following an assessment by the insurer's expert, the damage was estimated at €2,500. The insurer, having covered the damage, then sought reimbursement from the insurer covering Igor's car.
In addition, a report was filed with the police stating that the young man who had caused the accident had left the scene without taking the required action. After compensating the damage, our client's insurer directed the corresponding claims at Igor, billing him €2,500. On top of that, the unlucky driver received a letter from the police informing him that criminal proceedings had been opened against him under § 142 of the German Criminal Code (Strafgesetzbuch, StGB) for unlawfully leaving the scene of an accident. It hardly inspired confidence that this offense carries a penalty of a substantial fine or imprisonment of up to three years.
The Attorney's Work: An Independent Damage Assessment
Facing these problems alone, the young man made the right decision and immediately sought professional help. He entrusted the case to an attorney at our firm. The attorney taking on Igor's case immediately requested the relevant files from the Munich public prosecutor's office. After receiving and analyzing the information in the file, the attorney insisted on a second, independent expert assessment of the damage to our client's car and the claimant's car.
Comparing the damage on both vehicles, the expert concluded that the damage to the front of the "damaged" BMW could not have resulted from a collision with our client's car. There was indeed a scratch on the rear bumper of Igor's car, and a chip of paint from the second car was found at the level of that scratch. It was established that the young man may not have felt the collision with the other car and therefore unintentionally left the scene without following the required procedure. Moreover, the possible damage did not exceed €250–300.
The Criminal Case Is Closed and the Insurer's Claims Are Withdrawn
Based on these facts, the attorney prepared a motion to the public prosecutor's office to close the case for lack of an offense under § 170(2) of the German Code of Criminal Procedure (Strafprozessordnung, StPO).
Our client and his parents were overjoyed to learn the good news that the arguments set out in the motion were found sufficiently persuasive, and the criminal case was soon closed for lack of an offense.
After receiving this decision, the attorney also wrote to the insurance company that had made monetary claims against our client. He argued that the client had not committed any intentional offense in leaving the parking spot, so the insurer was not entitled to treat the case as "not covered" and demand reimbursement. Moreover, any damage Igor might have caused was worth far less than the amount his insurer had too hastily paid out. In the end, the claims were successfully withdrawn and the matter was fully resolved.
Conclusion
In conclusion, it should be noted that unfortunately no one is immune from traffic accidents. One might think that all drivers, having attended driving school, should know exactly what to do after an accident. Statistics, however, show the opposite. Those involved in accidents make many mistakes, often serious ones, which unfortunately lead to criminal proceedings and substantial fines.
If you or someone close to you has been involved in an accident and fault is unclear, or especially if criminal proceedings have been opened over the accident, we recommend immediately turning to specialists you trust. An attorney will act entirely in your interests. They can obtain further expert opinions and investigations and prepare the necessary documentation at every stage of the process. In many criminal cases, there is often the possibility of a pre-trial discontinuation of proceedings. Where your interests are represented in court, an attorney can help minimize the fine and the damages, as well as mitigate the sentence.
We therefore strongly recommend that everyone involved in a traffic accident, whether at fault or injured, secure competent legal support from attorneys who specialize in such cases in good time.
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