Wipperfürth Changing a tire does not fall within the sphere of car use. This is shown by a judgment (Az.: 9 C 145/22) by the Wipperfürth District Court, to which the ADAC refers.
In this case, a man wanted to change the wheels of his car. He used a jack, but improperly. The device slipped off and damaged his father’s car, which was parked next to his.
Who pays for 1400 euros body damage?
There was damage of around 1400 euros. The private liability insurance of the son should step in for this. However, the latter refused, arguing that the damage had occurred in connection with the use of the car: the car was supposed to be repaired by changing the wheels. Therefore, the motor vehicle liability insurance is responsible for the regulation.
The matter went to court, where private liability was ordered to pay. Unlike the defendant insurance company, the chamber could not see any connection between the tire change and the use of the car.
Rather, the damage was caused solely by the use of the jack. So it didn’t matter that the campaign was intended to get the car ready for use again.
