Looking at your smartwatch while driving can quickly become expensive. Although it is generally permitted to briefly glance at your watch to check the time, anyone who uses their smartwatch like a smartphone - for example to read messages or operate apps - is in breach of the road traffic regulations. If this results in an accident, you could face fines, points in Flensburg and a driving ban.
In this article, you will find out when it is permitted to look at your smartwatch while driving, when it is an offence against the Highway Code and what the consequences may be.
- Road traffic regulations severely restrict the use of technical devices - including smartwatches.
- If in doubt, refrain from looking briefly at the display so as not to endanger yourself or others.
- If you cause an accident while distracted by a smartwatch, you could face a fine of 200 euros, 2 points in Flensburg and a driving ban of 1 month.
- Liability insurance usually covers the damage to the other party's vehicle.
- If you cause an accident, you act with gross negligence. Whether comprehensive insurance covers damage to your own vehicle depends on the respective conditions.
With a smartwatch in road traffic - these rules apply.
The use of electronic devices is quite clearly restricted by §23 StVO. Even if smartwatches are not explicitly mentioned here as a recent phenomenon, the regulation is also applied to their use.
The decisive factor here is the "communication, information and organisation" purposes of use mentioned in the paragraph. This means that anyone who actually uses the smart watch like a watch - i.e. looks at it briefly to check the time - does not have to fear a penalty. On the other hand, those who check emails, count calories and perhaps scroll through their holiday photos are more likely to.
It is also worth taking another look at §1 StVO:
"Anyone taking part in traffic must behave in such a way that no one else is harmed, endangered or hindered or inconvenienced more than is unavoidable under the circumstances."
So it's the „how“ that makes the difference.
Used a smartwatch and caused an accident. What now?
Anyone who causes an accident while driving while distracted by a smartwatch must expect penalties. Currently, the law stipulates a one-month driving ban, two points in Flensburg and a fine of 200 euros. For many drivers, this is a bitter pill to swallow and, in addition to consideration for physical integrity, certainly good reasons not to be distracted by a technical toy.
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Accident due to smartwatch at the wheel. Does the insurance pay?
A clear yes! As a rule, the motor vehicle liability insurance of the person responsible for the accident pays for the damage caused to the other vehicle - even if the person causing the accident was distracted by their smartwatch.
In turn, the comprehensive insurance is responsible for the damage to their vehicle. However, as is so often the case, whether this insurance actually covers the damage incurred depends on the agreed tariff. After all, the offence is a case of gross negligence.
What to do if the other party was distracted by their smartwatch?
If the other party in the accident was distracted by a smartwatch, it is particularly important to preserve evidence. Record your observations immediately, take photos of the accident scene and damage and note down the details of any witnesses. If the course of the accident is disputed or there is a suspicion of distraction by an electronic device, the police should be called in. This will make it easier to prove later how the accident occurred and what claims you are entitled to against the other party's liability insurance.
The right steps for fair claims settlement
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Frequently asked questions about smartwatches at the wheel
Can I look at my smartwatch while driving?
Yes, a quick glance at the smartwatch to check the time is generally permitted. It becomes problematic when you actively use the watch - for example, to read messages, open apps or change settings.
Is the use of a smartwatch legally comparable to a smartphone?
Yes, according to Section 23 StVO, electronic devices may only be used to a limited extent while driving. Smartwatches fall under this regulation if they are used for communication, information or organisation.
What are the penalties for unauthorised use of the smartwatch?
If you are distracted by using your smartwatch and cause an accident, you could face a €200 fine, 2 points in the Flensburg register and a one-month driving ban.
Does the insurance pay in the event of an accident due to smartwatch distraction?
Motor vehicle liability insurance usually covers the damage to the other party in the accident. However, in the event of damage to your own vehicle, the comprehensive insurance may reduce or refuse to pay benefits, as the behaviour may be considered gross negligence.
How can I use the smartwatch safely in the car?
It is best to use functions such as voice control or deactivate notifications while driving. This will help you avoid distraction and reduce the risk of fines or accidents.
