It was raining, the sun had not yet risen. The driver of a garbage truck lost control of the vehicle on a bend in the road and drove into a ditch. The police determined that the farmer was at fault, having cut corn the previous day and brought a lot of mud onto the road. The farmer's insurer did not agree to cover the compensation claims – reports Agrarheute. The precedent-setting verdict was issued by the District Court in Flensburg.
The company that owned the destroyed garbage truck was insured. The damage to the vehicle was estimated at around 21,700 euros, while other costs related to the collision were estimated at 4,700 euros. After deducting the deductible of 300 euros, the insurer returned a total of around 26,100 euros to the company. At the same time, after the police findings, it requested the return of 20,000 euros from the compensation paid to the farmer.
The farmer had third-party liability insurance, but his insurer refused to pay, indicating that the collision was more likely the fault of the weather or the garbage truck driver. The case was therefore decided in court. The judge stated that the farmer's liability for the damages was beyond dispute. The insurance company and the farmer must jointly and severally cover the claim of the injured party. Both must also cover the court costs. The judgment is final.
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