Trailers are practical and popular. DIY shopping, vehicle transport or for hobbies such as horse transport or motocross are typical areas of use. However, you soon realise that your own car is more difficult to steer. When accelerating and braking, the trailer behaves completely differently to the towing vehicle alone.
In this guide, we explain which insurance company has to pay for the damage in the event of an accident involving a trailer and the three distinctions you should be aware of in the event of a road accident involving a trailer.
- An accident with the trailer is often due to the altered lane stability and the correspondingly influenced driving style of the vehicle.
- If you have an accident involving a trailer, two different insurance policies apply: One for the motor vehicle and another for the trailer.
- Both insurers regularly share the costs of the damage incurred after a trailer accident internally.
- After an accident, you should secure the scene of the accident and, if necessary, notify the police and the emergency doctor and provide care for the injured.
- Some trailer hire companies require a police accident report after an accident.
- There are three different types of horse trailer accident. We explain these here in our guide.
What causes an accident with a trailer?
Anyone who has ever driven with a car trailer knows that the driving stability is greatly altered. Additional risks often arise due to incorrect or inadequate load securing. Inexperienced drivers often find it difficult to correctly assess the larger dimensions or the increased weight of the trailer combination. Only a few drivers regularly drive with a trailer and so, due to their lack of experience, they are unable to cope well enough with the changed driving characteristics. Last but not least, car/trailer combinations are much more susceptible to winches and swaying movements, which can only be overcome by pulling the car/trailer combination straight. Accordingly, a lack of driving experience with a car-trailer combination is the most frequent cause of accidents.
Which insurance pays out in the event of an accident with a (borrowed) trailer?
It is generally recognised that your car must at least be insured with motor vehicle liability insurance and is also mandatory. But what about trailers?
Car trailers are also subject to compulsory insurance. This is stipulated in § 8 of the Motor Vehicle Liability Insurance Act (KHVG). Consequently, there are always two types of insurance for car-trailer combinations: That of the motor vehicle and that of the trailer.
This naturally raises the question of who has to pay in the event of an accident involving a trailer. The Federal Court of Justice (BGH) ruled back in 2010 (case no. IV ZR 279/08) that in the case of double insurance, the liability insurer of the motor vehicle and the insurer of the trailer must each bear half of the damage in the internal relationship if the accident is caused by the combination.
Good to know: According to the BGH, the two insurers act as so-called joint and several debtors. They each assume half of the payment to the other party involved in the accident.
This is particularly important to know for borrowed or rented trailers, as they are often insured with different policyholders and the owners of the vehicle and trailer are not identical. The trailer lent by the DIY store typically has a different policyholder than your car.
The liability insurance of the towing vehicle is normally used to settle the claim. If you have been injured by a combination through no fault of your own in an accident, you can assert your claims with both insurers, as both insurers act as joint and several debtors in the external presentation.
Special case: Horse trailer accident
There are three different types of accidents involving horse trailers:
- Accident caused by the car with horse trailer: The above-mentioned regulation on joint and several liability also applies to an accident caused by a horse trailer pulled by a car. In the event of an accident caused by a horse and trailer combination, both insurers are therefore liable.
- Damage to the trailer caused by the horse being transported: However, if the trailer is damaged by the horse being transported in it, the owner of the horse is liable for this in accordance with Section 833 of the German Civil Code (BGB).Attention!
Animal owner liability does not usually apply to rented or borrowed items. The owner would then have to pay for the damage to the trailer themselves.
- Horse is injured due to a defect in the trailer: If the horse is injured due to defects in the rented trailer, the trailer lessor is liable for those defects that already existed when the contract was concluded (Section 536 a BGB). According to § 599 BGB, however, the lender is usually only liable for the damage incurred in the event of intent or gross negligence.
3 important steps after the trailer accident
After a road accident involving a trailer, you should always follow these three steps:
- Secure the scene of the accident so that further danger or a rear-end collision can be avoided.
- Depending on the extent of the accident, you should then call the police and an ambulance. You can answer the most important questions about the accident by asking the W questions (Where? What? How? What injuries?). Be sure to wait for further questions and do not hang up immediately. You can find out when you should call the police about an accident in this guide article.Note
Some trailer hire companies also require a police accident report for minor accidents. It is best to ask what to do in an emergency before you set off.
- Provide first aid if people have been injured. Try to prevent the injured person's condition from deteriorating and reassure them.
The right steps for fair claims settlement
Are you involved in a trailer accident and have questions? Then it's best to contact faire-Regulierung.de quickly. The tried and tested procedure at a glance:
- You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster online.
- Our competent team will examine your case immediately and discuss the right course of action with you personally.
- Claims settlement is initiated and you will be informed of any settlement progress
The licensed specialists from the faire-Regulierung network take care of the necessary tasks and deal with your claims for compensation. Experienced, proven, friendly and reliable.
