Every responsible road user should have internalised this by now: Mobile phones at the wheel - better not! The figures are frightening: the road safety initiative "Be smart!" calculates a total of 500 road deaths per year due to mobile phone use on its website.
But what about smartwatches such as Apple Watch, Fitbit and the like? Aren't they a similarly dangerous distraction factor? And is looking at a smartwatch while driving punished in the same way as using a mobile phone? We get to the bottom of the matter.
- 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.
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.
The right steps for fair claims settlement
- Report an accident free of charge: online or by telephone on 0800 30 111 60
- Free examination of your accident by a lawyer
- The team of experts will initiate the fair settlement of your case and ensure that it is handled professionally and reliably.
- You benefit from the best possible compensation to which you are entitled.
