The Panevėžys District Court examined a civil case regarding compensation for damages by way of recourse and fully satisfied the claim of the Lithuanian Motor Insurers’ Bureau.
By the court’s decision, a joint and several liability of 139,424.86 EUR insurance payment, 5 percent annual interest, and litigation costs were awarded from two defendants. This amount will be recovered from the car driver who caused the traffic accident and the vehicle owner who failed to fulfill the obligation to insure the car with compulsory insurance.
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“Lithuanian” BMW accident in Germany
This decision was made after a traffic accident in Germany, during which a BMW registered in Lithuania went off the road and crashed into a high-voltage power line pole. The impact severely damaged the 110 kW power transmission line structure, and the repair works were estimated at more than 135 thousand euros.
After the incident, it was revealed that the vehicle was not insured with compulsory motor third-party liability insurance at the time of the accident.
Since the car driver and owner did not compensate for the damage caused, the losses were covered by the German national insurers’ bureau for the affected energy company.
According to international agreements, the German bureau applied to the Lithuanian Motor Insurers’ Bureau, which compensated the incurred expenses and later went to court to recover the funds from the responsible persons.
The court found that liability arises for both persons: the driver as the direct cause of the damage, and the car owner for ignoring the legal requirement to insure the vehicle and allowing others to use it.
The court rejected the driver’s request to reduce the awarded amount due to financial hardship, deciding that the submitted income data were insufficient and unconvincing.
Assessing the car owner’s behavior, the court emphasized that he took no action to prevent the use of the uninsured vehicle, left its keys and documents to another person, and did not notify law enforcement about possible illegal control takeover.
“By such unlawful inaction, the car owner created conditions for damage to occur, therefore he is recognized as jointly and severally liable for compensating the damage caused by the traffic accident,” noted Judge Laimantas Misiūnas who examined the case.
The decision of the Panevėžys District Court can be appealed to the Lithuanian Court of Appeal within 30 days.
