Who is involved in an accident that should drink any alcohol on the shock - at least not before the police arrive. ourselves to a shocked driver but a sip, he will lose the insurance protection - whether he can prove later that the alcohol is not available, but only after the accident was drunk. This was decided by the Court of Berlin (Ref.6 U 209/09). As the German Bar Hotline reported that the concerned motorist had driven with his Leasingfahzeug against a traffic light. The man was, according to the police drunk at time of accident, as he stated himself that he had only taken shortly after the event a drink to calm themselves.
The insurance law in any case refused to any benefits, the court stated. Was played by the pre-post question of alcohol consumption does not matter, because even by a subsequent drop violate the man's duties. It thus prevents at least serious negligence, the discovery of a potential Voralkoholisierung.
(Ampnet / jri)
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