The approximately 22,500 police vehicles are special road users. In the fulfilment of their sovereign tasks, they are entitled to special rights, which also exempt them from the provisions of the German Road Traffic Act (StVO) under certain conditions.
But who is liable for damages in the event of an accident between normal road users and police vehicles? Is the civilian always at fault for the accident? We explain everything about this topic here in our guide.
- Even if the idea seems obvious, the private individual is not always to blame for an accident involving a police car.
- Officers on duty are entitled to certain special rights, which partially exempt them from traffic regulations. Nevertheless, they must also show consideration for others.
- Instead of the official who causes an accident, the responsible department or the state is liable.
- Emergency vehicles also have a so-called right of way. Other road users must therefore give way immediately to an emergency vehicle with special signals.
- You can also call the officers to record the damage in the event of an accident involving a police car.
Is the private individual always to blame for an accident involving a police car?
When the music is loud in the car, it is easy to miss the police signal. Particularly during time-critical operations, police vehicles endeavour to make rapid progress and appear unexpectedly to inattentive road users. This significantly increases the risk of accidents. But who is to blame for an accident involving a police car?
The driver of the civilian vehicle is not always at fault for the accident. The blame can also be assigned to the police if the officers are at fault. In the event of an accident, the individual circumstances must always be examined. There is therefore no generalised answer to the question of fault.
Officers have certain special rights when on duty, but they must also fulfil their duty of care towards other road users.
Are there special rights for police vehicles on duty?
Section 35 of the Highway Code grants special rights to the fire brigade, police and other authorised emergency services. They are partially exempt from the rules set out in the Highway Code. These special rights allow them, for example, to drive through red traffic lights, exceed the speed limit and drive on the opposite carriageway. However, these special rights may only be exercised with due regard to public safety and order. And only when they are in use.
In concrete terms, this means that if a police car is travelling without flashing blue lights and sirens, it must obey the traffic rules just like any other road user.
If an accident occurs without the police recognisably being on a mission, they will be judged like any other road user on the basis of the underlying traffic offences.
Accident with a police car: who is liable?
If you are involved in an accident with a police car through no fault of your own, the question arises as to who is liable for the resulting damage.
It is important to know that your claims must be asserted via the responsible department or the state as the driver's employer. The civil servant who caused the accident is therefore not liable himself.
Your claims for damages or compensation for pain and suffering must be asserted with the relevant authorities. Simply contact us and we will be happy to help you.
What is the situation if the police were involved in the accident?
If the police are on a mission, they are granted a further right in addition to partial exemption from the applicable traffic regulations in Section 38 of the German Road Traffic Act: the right of way. Other road users must give way to the officers immediately when the blue lights are switched on together with the siren.
Good to knowDrivers who do not immediately give way to an emergency vehicle with its blue lights and horn switched on and thus cause an accident can expect a fine of 320 euros, two points in Flensburg and a one-month driving ban.
However, if other road users do not respect the right of way, they are not always at fault in the event of an accident. This is because the police on duty must always drive with foresight. If the officers fail to do so, they can be held partially at fault. If the officers cause an accident through carelessness or negligence, they may also bear the main blame for the accident. However, this is always a question of the individual case and can only be assessed after analysing the specific accident. If you have any questions, please do not hesitate to contact us. We have a proven network of specialists who can provide you with competent assistance even in such an unusual situation.
Even if the StVO grants emergency vehicles a certain degree of freedom, this does not apply without restriction.
Should you call the police to an accident involving a police car?
If there is an accident involving normal road users with rented vehicles, with major material damage or if people are injured, the clear rule is: call the police to the scene of the accident!
But what is the situation if you get into an accident with a police car? Are the officers involved in the accident allowed to record the claim themselves?
We strongly advise you not to do this. The officers involved in the accident could have a conflict of interest. Insist that officers not involved in the accident are called in. They can then investigate and record the accident with the police car from the necessary distance.
The right steps for fair claims settlement
Have you been involved in an accident with a police car? Then it's best to report it quickly to faire-Regulierung.de:
- 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 advise you on the appropriate next steps.
- Once the claim has been authorised, the claims settlement process is initiated and you are informed in real time of any settlement progress made
The licensed specialists from the faire-Regulierung network handle the tasks involved and take care of your claims for compensation: experienced, competent and personal.
