OLG Koblenz: Lower, faster and insurance coverage

Quotation: From deeper suspensions and other jokes Even if an unreported tuning measure is not directly responsible for an accident, but has only affected the driving behaviour of the driver, there is no obligation to perform by the comprehensive insurer. That was decided by the Oberlandesgericht Koblenz with a recently published judgment of 14 July 2006 (Az.: 10 U 56/06). Conversion not reported The plaintiff was owner of an Audi 80 convertible. A so-called tuning measure he had, among other things, lowered the chassis of his car and had the engine power increased. He had not reported these changes to his comprehensive insurance. Shortly afterwards he had left the vehicle to his son and his friend for a ride. At a speed of more than 100 km/h the young people came up with the idea to operate the handbrake of the vehicle. The car then fell into a spin and came from the road a b. In the accident, the friend of the son who had driven the vehicle was killed. The car suffered total damage. Insurance cover fails On the grounds that there was a case of gross negligence and that the owner had also failed to report the tuning measure, the all-insurer refused the insurance cover. In his suit against this, the insured party claimed that the changes to the vehicle were not in any causal connection with the vehicle. In the opinion of the judges, the tuning measure is the typical case of a risk increase notifiable in accordance with § 23 VVG. Since the insured person has failed to notify his insurer of the conversion measures, the latter is free from the obligation to perform according to the provisions of § 25 VVG. Although none of the tuning measures were directly responsible for the accident, the court is convinced that it is almost typical that such vehicle changes also affect driving behaviour and thus increase the risk. Especially with young people a special incentive is created, the possibilities created by the tuning actually excite. That was the case, according to the court, also in the too decisive case. Insurers have therefore rightly failed the performance. Wolfgang A. Leidigkeitwww.versicherungsjournal.de