Caution with consumption of alcohol after a traffic accident
Alexander Velten attorney in pouring Fon. 0641-9607441 fax. 0641-6868899 Mobil 0179-4566757 Velten@anwalt-fvvs.de
- the OLG Brandenburg has with judgement of 19.10.2006 (Az. 12 U 72/06) decided that the benefit of alcohol can lead after a traffic accident to the loss of the insurance protection.
The court implements that a Nachtrunk does not represent so easily a Aufklrungsobliegenheitsverletzung. Applies for something else in opinion of the senate however, if the Nachtrunk is taken in the expectation of a forthcoming police intervention in the intention to itself of masking at the accident time an existing Alkoholisierung consciously.
As far as such a case is present, this leads in opinion of the senate to the loss of the insurance protection, since the insurant did not do everything, what to the clearing-up of the facts and to the reduction of the damage be helpful can.
Due to this judgement can be only urgently recommended a road user, who is complicated into a traffic accident, to do without the benefit from alcoholic beverages to as far as the determinations of the police are not yet final e.g. Otherwise threatens - as the judgement of the OLG Brandenburg of 19.10.2006 shows - perhaps the loss of the insurance protection.
Communicated of: Attorney Alexander Velten, pouring
www.anwalt-fvvs.de/
Franc Velten Vlachou swing Haub - attorneys in office community
Attorney Alexander Velten
Rodheimer STR. 95
35398 pouring
Fon. 0641-9607441 fax. 0641-6868899
Mobil 0179-4566757
E-Mail: velten@anwalt-fvvs.de
Homepage: www.anwalt-fvvs.de
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