A commuting accident is an accident on the way to or from work or school. Anyone who has an accident while travelling is insured through the employers' liability insurance association. However, even the slightest diversions can result in the statutory accident insurance not taking effect. In this guide, we also explain what exceptions there are, particularly for car pools or parents.
- Commuting accidents are accidents that occur on the way to work or school.
- The employers' liability insurance association, as the statutory accident insurer, covers the costs.
- Special features and exceptions for detours apply in particular to parents and car pools.
- When you visit the doctor, you should mention that it is a commuting accident.
- You are entitled to numerous claims following a commuting accident. We will be happy to help you here.
What is a commuting accident?
Commuting accidents are accidents suffered by employees on their way to or from work. The same applies to schoolchildren.
In general, employees and students are insured on journeys that are suitable for reaching their place of work and school or home as quickly and safely as possible. This does not generally mean the shortest route, but the direct route to or from the place of work.
When must a commuting accident be reported?
The employer must inform the employers' liability insurance association of the commuting accident no later than three days after becoming aware of it. This applies if the employee is unfit for work for at least four days. The three-day period begins on the day after the commuting accident and covers all calendar days. The relevant provision is § 193 SGB VII.
Who pays the costs in the event of a commuting accident?
f an accident occurs before or after work, the question arises as to who pays for the accident on the way to work. As the statutory accident insurer, the employers' liability insurance association bears the costs incurred in the event of a commuting accident.
For higher sums in particular, it is also worth checking against your own private accident insurance or your own private occupational disability insurance. We will be happy to help you with this.
What should I bear in mind when visiting a doctor after a commuting accident?
After a commuting accident, many people ask themselves which doctor to see after the accident. In the case of injuries caused by a commuting accident, we strongly recommend that you consult a specialist doctor who specialises in accidents at work and commuting accidents. These specialists are also called Transit physicians called. They have a special licence issued by the employers' liability insurance association. If acute treatment is provided in hospital or by another doctor, you should state that it is a commuting accident. This will make it clear that the statutory accident insurance (please do not confuse this with your private accident insurance) and not your health insurance will cover the costs. This can even be advantageous for you, as the benefits provided by accident insurance are usually more comprehensive than those provided by your health insurance.
Below we explain what is insured in the event of a commuting accident.
Is an accident on the way to school insured?
The statutory accident insurance covers accidents at school and on the way there or on the way home afterwards. This is regulated in § 8 Para. 2 No. 1 SGB VII.
The journey to school by public bus, bicycle or car is also included.
Accidents involving the school bus are an exception. Here the private bus operator is liable.
Is the journey to the daycare centre before and after work insured?
Legal guardians are only covered by statutory accident insurance if they themselves were on the way to work and the daycare centre was on the way. For this purpose, a deviation from the direct route to work in order to take your own children to or from school, the daycare centre or daycare is considered a permissible diversions.
Children who come to the daycare centre alone or go home alone from there are insured through the accident insurance fund.
Are there any special features for car pools in the event of commuting accidents?
Anyone who has a car pool and deviates from the direct route to work to pick up a member of the car pool from home or take them to work is covered by statutory accident insurance for the entire journey. The members of a car pool do not have to work for the same company. However, all members must belong to the group of persons insured under statutory accident insurance. This basically includes employees and students.
Insured in the event of a commuting accident despite a diversion?
As a rule, only the shortest route to work is insured. But there are exceptions. In this section, we explain when insurance cover applies despite a diversion and in which cases there is no statutory accident cover.
When detours are covered by statutory accident insurance
The following detours are covered by statutory accident insurance:
- Detours due to diversions
- Detours to avoid a traffic jam or to have a better transport connection for other reasons
- Use of public transport that is frequently used on other routes
- Use of cycle paths that do not represent the shortest route
- Overnight stay with another person if the route is no longer than the normal route home
When detours are not covered by accident insurance
However, there is no statutory accident cover in the following cases:
- Short diversions for private reasons such as shopping
- If you return to work after an interruption lasting longer than two hours, you are no longer insured for the rest of the journey.
- Accidents that happen in residential buildings
What claims do I have after a commuting accident?
After a commuting accident, you can make a large number of claims against the employers' liability insurance association as statutory accident insurance. We will be happy to advise you so that you do not lose any claims.
The following claims may be asserted under certain circumstances:
- Reduced earning capacity
- Disability
- Disability
- Daily sickness allowance
Steps for claims settlement after a commuting accident
Have you been involved in a commuting accident before or after work or school through no fault of your own? Then play it safe and contact us directly:
- Our competent team of experts will discuss with you the best way to proceed.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert opinion
- Your complete claims are processed by specialised teams of lawyers using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.
We cannot undo your commuting accident. But we will make the best of it for you, we promise!
