Carpooling has long been a popular alternative to travelling by car, bus or train. Friendly conversations, low costs and a clear conscience when it comes to your own CO2 footprint - the advantages are obvious. But what happens in the event of an accident? Who is liable and whose insurance is responsible for settling claims? Anyone who frequently travels by carpooling or offers to do so should know the most important facts.
Carpooling as an alternative to your own car
For many travellers, carpooling has long since become an alternative to the train, bus or their own car. In particular, travellers who do not want to or cannot travel alone use carpooling to get from A to B in an uncomplicated way and meet new people at the same time. This is because drivers and passengers often don't know each other at all and only get to know each other when they get in the car. This may be an advantage for many, but it also harbours risks.
Because an unknown driver also means that you don't know their driving style or their points account in Flensburg. But even with careful drivers, there is always the risk of an accident that not only damages the vehicle, but also causes injuries or worse. It is then important to know who is liable for this property damage or personal injury and who will bear the costs incurred and more.
Who is insured and how?
The good news is that all other occupants of the vehicle are protected by the vehicle owner's motor vehicle liability insurance. This means that it covers all costs should the driver cause an accident. This even applies if the vehicle owner (and policyholder) is a passenger in the vehicle. They can then also use their own motor vehicle liability insurance to be reimbursed for damages. However, this does not apply to the driver himself. Since he caused the accident, he remains liable for the damage.
This regulation also applies if another road user causes an accident. In this case, their motor vehicle liability insurance is responsible and will settle the damage caused. In addition, so-called strict liability applies here. This means that passengers can claim compensation for pain and suffering or damages from the driver of the vehicle (or its owner) even if the latter was not at fault for the accident. In this case, the driver's motor vehicle liability becomes active again. This means that it also covers the costs for compensation for pain and suffering and damages. However, this is only possible if the accident was not caused by force majeure, for example by lightning or severe storms.
To summarise:
Co-drivers in a car pool are always covered by one of the motor vehicle liability insurances - either that of the driver or owner of the vehicle or that of the person responsible for the accident. If both parties are partially at fault, both drivers/owners are jointly liable. The respective share borne by the insurers is based on the share of the total fault. After a road traffic accident, passengers can also assert claims such as compensation for damages and pain and suffering against the driver of the car pool.
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What damage does liability cover?
The amounts of damage covered by motor vehicle liability insurance are regulated by law and must fulfil specified minimum amounts. This means that the legislator stipulates that an insurance policy must cover personal injury for at least 7.5 million euros. For property damage, the minimum amount is 1.12 million euros. In addition, there is a sum insured for financial losses, which must be at least 50,000 euros. As these values are the minimum amounts of damage to be covered, motor vehicle liability insurance companies can of course also offer higher sums insured. It can therefore be worth taking a look at the insurance conditions and making a comparison.
Even if the sums mentioned may seem high, they may not be enough in individual cases. Anyone who needs costly treatment after an accident, is dependent on years of care or support or other expensive assistance will quickly reach these sums. And the policyholder is then left holding the bag. This is because all costs that exceed the sums insured are borne by the policyholder. For this reason, the sums insured in motor vehicle liability insurance policies should never be set too low. In this way, you protect yourself as the driver and owner of a vehicle and ensure that you are not liable with your own assets.
What is a limitation of liability for passengers?
Especially if carpooling is offered frequently or for a longer period of time, it can be useful to have the passengers sign a limitation of liability. This stipulates that the driver or owner of the vehicle is only liable if they act wilfully or with gross negligence. This does not affect the legally regulated insurance benefits of motor vehicle liability insurance. This means that passengers receive all regular insurance benefits after an accident and do not have to forego the legally prescribed protection.
If you want to use such a disclaimer, you can use various templates. Various templates can be found on the Internet under the search term "Haftungsausschluss Mitfahrer Muster", but sample documents can also be downloaded from the ADAC, ACE and other automobile clubs and insurance companies.
Does passenger accident insurance make sense?
Especially for drivers who often offer a carpool, not only a limitation of liability can be useful, but also additional passenger insurance. This is in addition to the benefits of motor vehicle liability insurance and can close gaps between this and fully comprehensive insurance. As it pays regardless of who is at fault and also covers compensation for pain and suffering, it can be a useful addition.
However, opinions differ as to whether passenger insurance makes sense. As most of the benefits are already covered by motor vehicle liability insurance, vehicle owners should check the benefits carefully and decide on a case-by-case basis whether they want to take out such insurance. In this case, it may be worth investing in motor vehicle accident insurance as an alternative. This often covers the benefits of passenger insurance and more.
There is no other special car pool insurance. However, anyone who regularly carpools to work and is involved in an accident while doing so can receive additional benefits from the social insurance or employers' liability insurance association. However, only for issues such as medical treatment, injury and survivors' pensions as well as death benefits and professional assistance. Compensation for pain and suffering and the costs of property damage are not covered.
Steps towards the best possible claims settlement
Do you want professional support after your accident? We bring light into the darkness and help you with the complete handling of the claim with our network of specialists.
This is the best way to proceed:
- You can report your accident to us by calling the toll-free number 0800 30 111 60 or simply online.
- An expert from our network will contact you within just 5 minutes to discuss the next steps.
- You take a deep breath and can now lean back, because the specialists from the fairforce.one network will take care of everything else and check your claims after a road accident.
FAQ on liability for carpooling
Are the passengers also insured with the motor vehicle insurance?
Occupants and passengers in the car are generally covered by the driver's or owner's motor vehicle liability insurance. If the driver causes an accident, the liability insurance covers any property damage, personal injury and financial loss. If another road user is at fault for the accident, their insurance is responsible. In the case of shared liability, the insurance companies also share the settlement.
Are my passengers in the car insured?
Passengers travelling in the vehicle are also covered by the vehicle's third-party liability insurance. If the driver/owner causes an accident, the third-party liability insurance covers the damage up to a certain amount.
Does driver protection in motor vehicle insurance make sense?
Such additional protection can be useful. This is because while passengers are covered by their own motor vehicle liability insurance, the driver or owner of the vehicle is usually not. If they cause an accident, they cannot assert claims against their insurance company themselves (the only exception is if the owner is a passenger). This risk can be compensated for by supplementary insurance.
What is passenger insurance?
Such insurance can be taken out additionally and protects passengers (and often also the driver) in the event of an accident - regardless of who is at fault. It may supplement the benefits of motor vehicle liability and fully comprehensive cover and can close gaps here. However, its usefulness is disputed.
