Those who park illegally bear partial responsibility for the accident.
Because her vehicle blocked access to the parking lot, the driver had to bear some of the costs of the subsequent accident. The fact that there were no parking markings was irrelevant to the Munich District Court.
In road traffic, the rule of thoughtfulnessThis also applies to a parking space, even if it has no parking markings. Anyone who parks in such a way that they obstruct others is liable. with special needs, liable involved in a parking lot accident. In a recent case, the Munich District Court saw a 20 percent contributory negligence. The parked car also poses an operational hazard.
The case
A female driver parked her car on a Parking so that it allows passage to the next row of parking spaces blockedThe other drivers were forced to reverse out of their parking spaces over a distance of 30 meters. An accident occurred. Accident, when a car collided with the illegally parked vehicle while maneuvering. The damage amounted to €6.244,90, which the driver demanded be reimbursed by the other car's insurance company.
The Insurance The defendant paid only €4.120,63 and refused to pay the remaining amount, citing contributory negligence on the part of the other driver. The other driver, however, maintained that she had parked her car correctly, as there were no lines in the parking lot and parking was therefore permitted anywhere within the space.
The judgment
The Munich District Court (AG) also saw Contributory negligence, specifically in the amount of 20 percentBecause the plaintiff has "obstructing traffic She parked in a spot designated for passage to the next row of parking spaces. The passage was clearly visible to her, namely because "in the middle of the two lanes separating the parking spaces is a strip of grass with a raised curb," the ruling states. Therefore, the woman cannot claim that the passage was not visible.
It is equally irrelevant that it is in the parking lot no markings There are. Therefore, parking was by no means permitted everywhere, the court emphasized. "Insofar as the plaintiff believes that everyone can park their vehicle as they please because there are no parking space markings, she is mistaken. […] Anyone who parks at Traffic Anyone participating must behave in such a way that no one else was harmed, endangered or hindered or inconvenienced more than is unavoidable under the circumstances."
No consideration was shown
The driver, however, had not parked considerately. Her behavior forced other road users to reverse 30 meters across the parking lot. "In road traffic, many things happen üblich, which has to do with the road traffic regulations not compatible "is," the court concluded.
Though liable The driver who rear-ended the other vehicle was largely responsible for the accident because he drove very roughly. Driving error I did that. However, the woman caused a [damage/damage] through her reckless parking. Risk situation and thus the decisive cause was established. Therefore, she is 20 percent liable due to the inherent operational risk of the car.
Munich Local Court, Judgment of February 12, 2026, Ref. No. 344 C 8946/25, not legally binding
The advisors at the Chambers of Crafts will be happy to help you with any legal questions!
DHB now also digital!Simply click here and register for the digital German Crafts Journal (DHB)!
Text:
Anne Kieserling /
handwerksblatt.de
Write a comment