Accident due to mobile phone - question of guilt & penalties

Just quickly checking the latest message... Many drivers are not impressed by the current ban on mobile phones and risk fender benders and worse on the road. In this guide, we explain why you are not allowed to use your smartphone at the wheel and what you need to bear in mind after an accident involving a mobile phone at the wheel.

Is it always forbidden to use a mobile phone at the wheel?

In principle, mobile phones are taboo at the wheel. § Section 23 (1a) of the German Road Traffic Act (StVO) describes this in more detail: a driver may only use a smartphone if "the device is neither picked up nor held for this purpose".

Our tip: So use your hands-free system to make phone calls. This is permitted. However, you should make sure that you are not distracted by using it and that your concentration remains on the road. If you do not have a hands-free system, you should pull into a car park and switch off the engine. Then you can talk on the phone in peace.

How many accidents are caused by mobile phones at the wheel?

There are no exact statistics on the number of accidents caused by mobile phones. However, it is clear that the number of accidents is on the rise again. Experts are certain that this is also due to the increased use of mobile phones at the wheel. In practice, however, it is often impossible to prove that the traffic accident was actually caused by mobile phone use. It is often difficult to determine whether the driver was distracted by the mobile phone shortly before or during the accident. One thing is clear: using a mobile phone at the wheel significantly increases the risk of an accident.

Mobile phone driving: these penalties apply

A quick phone call or a quick glance at your smartphone: you can expect a fine of at least 100 euros. You will also receive one point in Flensburg. Harsher penalties are imposed if you endanger other road users by looking at your mobile phone. The fine then increases to at least 200 euros and two points in Flensburg. Your driving licence will also be suspended for a month.

Accident due to mobile phone driving: penalties

If there is even a traffic accident, the fine increases to 200 euros, the secondary consequences such as one month's driving licence disqualification and two points in Flensburg remain in place. If a person is injured in an accident while using a mobile phone at the wheel, you are guilty of negligent bodily harm under Section 229 of the German Criminal Code (StGB). This is punishable by a fine or a prison sentence of up to three years.

As a general rule, the more serious the accident caused by a mobile phone, the higher the penalty. However, each decision is an individual case. The exact circumstances must therefore be considered.

What is the question of fault in an accident caused by a mobile phone?

A widespread misconception is that only the person who was on their mobile phone is at fault for the accident. If you are involved in an accident and were using your mobile phone during the accident, you are usually considered to be partially at fault. The reason given for this is that it cannot be ruled out that you could have prevented the accident without being distracted by the mobile phone. Experts then examine whether or not the consequences of the accident would have been less severe without the use of the mobile phone. Depending on the course of the accident, however, it is also possible that the mobile phone user may be held entirely at fault.

Note: It is often very difficult to prove afterwards that someone quickly sent a WhatsApp message before the collision occurred. If the other party in the accident was on their mobile phone, it is important that you collect evidence as quickly as possible. Witnesses can be particularly helpful here. Ask witnesses specifically whether mobile phone use was observed.

Does the insurance company pay for the damage if a mobile phone was used while driving?

The liability insurance of the person responsible for the accident must pay for the person involved in the accident through no fault of their own. If you were involved in an accident through no fault of your own and the person who caused the accident was using a mobile phone, your damages should be compensated.
It is more difficult with damage to your own vehicle if you were using your mobile phone at the wheel. Not every comprehensive insurance company will pay for the damage to your car in such a case. This is because you can be accused of negligence by texting on your mobile phone. Many comprehensive insurers do not pay out in cases of negligence. You can find the exact conditions in your insurance documents by searching for "negligence".

Steps towards fair claims settlement 

If you are using a mobile phone while driving and a car accident occurs or the other party was using a mobile phone, the settlement of the claim depends on many factors. The facts of the case are usually more complex than normal. This is especially true here:
Don't risk unnecessary payment rejections, play it safe and hand the case over to a specialist from the outset. The best thing about it: If you are involved in an accident through no fault of your own, you won't pay a cent for our service. Billing is simple and direct with the other party involved in the accident or their car insurance company.
An overview of the procedure, which is highly rated by accident victims:

You report the accident to us risk-free and free of charge by telephone at 0800 - 30 111 60 or even faster here online.

• Our experienced specialists will examine your case immediately and discuss with you personally the appropriate next steps.
• With the help of our innovative software, your claims are calculated correctly and displayed on your smartphone
• The best possible claims settlement will be initiated for you and pursued until full payment is made.

We can't undo your accident. But we will make the best of it for you, we promise!

Have mobile phone accident claims checked now.