A vehicle will not get far without engine and transmission oil. However, if the oil leaks due to a collision or a leak, caution is required. If the road is particularly slippery due to an oil slick, there is an increased risk of accidents.
In this guide, we therefore explain how to react correctly if you cause an accident due to an oil spill on the road and who has to pay for the damage and remove the oil spill.
Why is an oil slick on the carriageway so dangerous?
Leaking oil makes the carriageway slippery. As a result, the tyres can no longer grip the road and the vehicle is difficult to control. An accident is inevitable, especially at high speeds. Technical defects or collisions can cause oil to escape while driving and drip onto the carriageway. It is therefore not uncommon for oil tracks to be several metres long. In addition, oil is not water-soluble and therefore cannot simply be washed away by the next rain. If a following driver drives at high speed through oil spill residues that have not been removed, there is a considerable risk of getting into an accident.
In most cases, it is not the driver's fault that an oil spill accident occurs. That is why an accident resulting from an oil spill is also called an Subsequent accident called.
Note:
An oil slick on the road is particularly dangerous for motorcyclists, as they can be seriously injured in a motorbike accident.
Who is liable for accident damage caused by an oil spill?
If you are unable to avoid a collision with another vehicle due to an oil slick despite driving with foresight, the question arises: who is responsible for the fender bender and perhaps even the Compensation for pain and suffering who is responsible? The driver involved in the accident or the person who caused the oil spill?
According to Section 32 (1) of the German Road Traffic Regulations (StVO), it is prohibited to cause traffic obstructions. This also includes causing an oil slick. If a subsequent accident then occurs due to the oil spill, the Causer of the oil spill also for the damage caused. Drivers of vehicles that have lost oil must also mark the corresponding oil lane so that further accidents can be avoided.
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Can I be held partially responsible for an accident caused by an oil slick?
However, there are also circumstances that can reduce the liability of the person responsible for the oil spill. In principle, the driver of the vehicle involved in the accident is not off the hook. In addition to the oil spill, all other circumstances that lead to such an accident are also relevant.
For example, if you were driving too fast but could have recognised the oil slick at a reasonable speed, taken appropriate evasive action and prevented the accident due to the oil slick, the allocation of a Partial debt possible. However, the allocation of a partial debt is always a case-by-case decision.
Who can clean up the oil spill and who has to pay for it?
If you notice that a vehicle is leaking oil or already has oil on the carriageway, you should set up a warning triangle as quickly as possible to warn other road users. Then inform the fire brigade. They will then cordon off the road and remove the oil spill. If the oil comes from your car, you should also inform the police. Oil binding agents are then used, as oil is not water-soluble. These binding agents then absorb the substance, form a compound and can be disposed of separately at the end. The driver of the vehicle that caused the oil spill must bear the costs for the time-consuming clean-up.
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What to do in the event of a hit-and-run?
If the person responsible for the oil spill is not on site or cannot be found, you should always contact the police. If the person responsible cannot be found, accident victims must pay for the damage themselves. If you have taken out fully comprehensive insurance, for example, this may cover the repair costs for your vehicle. However, you must expect your premiums to be increased. If the police are later able to identify the fugitive responsible for the oil spill, you can claim the costs incurred back from them - as well as the increase in your insurance premiums.
Is the oil spill accident covered by liability insurance?
In the event of an accident due to an oil slick, it is essential to distinguish between two damage items:
- Repair costs for the vehicle involved in an accident due to an oil spill
- Repair costs for the oiled vehicle
Traces of oil always count as Liability claims. This means that the repair of the vehicle involved in the accident is paid for by the liability insurance of the person who caused the accident.
Of course, the oily vehicle must also be repaired. These costs are covered by fully comprehensive insurance, if this has been taken out.
What should I do if my car leaves an oil slick?
If you notice that your vehicle is leaving a trail of oil on the road, take action immediately:
- Switch on hazard warning lights
- Pull over to the right-hand side of the road
- Put on your safety waistcoat
- Position the warning triangle at a distance
- Police and fire brigade provide information
Your liability insurance usually covers the costs of the police and fire brigade deployment.
- An accident resulting from an oil spill is a so-called consequential accident.
- Oil makes the carriageway slippery, increasing the risk of accidents.
- The person responsible for the oil spill is liable for the damage caused after an oil spill accident.
- However, the person who caused the accident can also be held partially responsible.
- The costs for the removal of the oil spill by the fire brigade are borne by the liability insurance of the oily vehicle.
Steps towards fair claims settlement
Have you had an accident due to an oil slick on the road? Then play it safe and contact us directly:
- Our competent team of experts will discuss the right next steps with you.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert opinion
- Your complete claims are calculated by specialised 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 will be kept up to date on all regulatory progress via our innovative HIS (customer information system).
We can't undo your oil spill accident. But we will make the best of it for you, we promise!
Questions about accidents caused by oil spills
Who is liable in the event of an accident caused by an oil spill?
The person causing the oil spill is liable for the damage caused in accordance with § 32 Para. 1 StVO. The driver whose vehicle is leaking oil must also mark the lane in order to avoid subsequent accidents.
Am I partly to blame if I drive into an oil slick?
This can happen. If, for example, you were travelling too fast and could have detected the oil slick at an appropriate speed, you may be partially at fault. It always depends on the individual case.
Who cleans up the oil spill - and who pays?
The fire brigade removes the oil using a special binding agent. The costs are borne by the polluter, i.e. the driver of the vehicle that leaked the oil.
What can I do if the person responsible for the oil spill cannot be found?
Call the police immediately. In the event of a hit-and-run, your fully comprehensive insurance may help. If the person who caused the accident is later identified, you can claim your costs back from them.
Does the insurance pay in the event of an oil spill accident?
Yes, the liability insurance of the person who caused the accident will cover the damage to the other vehicle. The repair of your own oily vehicle will be covered by your comprehensive insurance, if you have one.
How can I prevent my oil spill from causing an accident?
If you notice that your car is leaking oil:
- Switch on hazard warning lights
- Stop safely
- Set up warning triangle
- Notify the police and fire brigade
This will help you avoid secondary accidents - and legal consequences.
