Motorcyclist wins case against German insurer

High Court rules in favour of British motorcyclist in collision case

The High Court has ruled in favour of Andrew Evans, a British motorcyclist, in his claim against R&V Allgemeine Versicherung AG, the insurer of a German driver involved in a collision in the Black Forest, Germany. The judgment, delivered by Her Honour Judge Howells, found that the collision was caused by the German driver, Mr Günther, who was on the wrong side of the road.

The incident occurred on 22 September 2020, when Mr Evans was on a motorcycling holiday. As he approached a right-hand hairpin bend, he encountered Mr Günther's vehicle, which he claimed was in his lane. Despite taking emergency evasive action, a collision ensued. The defendant insurer argued that Mr Evans was at fault for driving too fast and losing control.

Throughout the trial, procedural issues arose, including the refusal to admit additional video evidence from the defendant's accident reconstruction expert and challenges regarding the admissibility of testimony from German witnesses via video link. These procedural hurdles impacted the evidence considered by the court.

The court applied German law to determine liability, as the accident occurred in Germany. Under German law, road traffic liability can be strict or fault-based, with the court required to apportion damage based on the circumstances. The court found that Mr Günther's vehicle was on the wrong side of the road, triggering Mr Evans's emergency reaction.

Judge Howells found Mr Evans to be a credible witness, with a clear recollection of the events leading up to the collision. His testimony was supported by the accident reconstruction evidence, which showed that Mr Evans's motorcycle was upright and on his side of the road when he began braking.

The court also considered the evidence of Mr Günther, who did not attend the trial. His written statement contained inconsistencies with his initial police report, leading the court to give it limited weight. The accident reconstruction experts agreed that Mr Evans had a reason to brake hard, although they differed on the cause.

Ultimately, the court concluded that Mr Günther was at fault for the collision, having approached the bend on the wrong side of the road. The court ruled that Mr Evans was not to blame and awarded him 100% of the claim's value.

This case highlights the complexities of cross-border road traffic claims and the application of foreign law in English courts. It underscores the importance of clear and consistent evidence in determining liability.

Learn More

For more information on cross-border road traffic claims, see BeCivil's guide to English Data Protection Law.

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