Gross Negligence and the Payout

When a German household insurance or car insurance pays for damage, it asks how the damage came about. If the customer caused it through grobe Fahrlässigkeit, gross negligence, the insurer may cut the payment. Section 81 of the Insurance Contract Act lets it reduce the payment in proportion to the severity of the fault. Before the reform of 2008 the rule was alles oder nichts, all or nothing. A grossly negligent customer received nothing. Typical cases are a candle left burning in an empty room, a red light run, a phone used at the wheel, and a window left tilted open when nobody is home. Cuts of 25, 50 or 75 percent are common, and up to 100 percent in extreme cases. In 2009 the Münster regional court dealt with a driver who ran a red light. Her comprehensive insurance paid half of the damage, and the court rejected her claim for the rest.

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