The own daughter or the own son will be specially protected when crossing the street or riding a bicycle hit by a car and injured.
Of course, at this moment the health and the care of the injuries are in the foreground. However, if these have been done comprehensively and the child is on the path to recovery, the paperwork.
Because in order to settle the accident and to enforce claims against the injuring party and his liability insurance, one needs time and patience. In addition to the "regular" settlement of claims, which includes the enforcement of damages and compensation for pain and suffering, there are other legal questions that come up when children are injured.
Because children are especially protected– not only with regard to the conclusion of contracts or the general protection of minors, but also in particular in the case of tortious violations. When dealing with the opposing insurance company, it is therefore worthwhile to know at least the most important factors when settling claims for accidents involving minors.
contributory negligence of a child in a road traffic accident
children up to 10 years
When asserting a claim for damages, the following applies: if the injured party himself or herself has a PARTIAL DEBT bears a share of the damage, this leads to a QUOTE the claim for damages in the amount of one’s own contributory negligence (§ 254 abs. 1 BGB).
In these cases, one also speaks of a "fault against oneself". How high this share of the own contributory negligence is depends on the individual causation contributions of the parties involved and usually has to be negotiated laboriously.
however, if a child is injured in road traffic, the modified rules of tort law must be observed: § 828 BGB sets the different age limits for a presumption of guilt with minors firmly. Of particular importance here is § 828 abs. 1 and 2 BGB:
"anyone who has not reached the age of seven is not responsible for any harm he or she causes to another."
"anyone who has reached the age of seven but not ten is liable for the damage caused to another person in the event of an accident involving a motor vehicle, a railroad or an aerial tramway", not responsible. This does not apply if he has caused the injury intentionally."
This means: children are not eligible for membership before their eighth year of life not liable for compensation if they cause damage to a third party. If an incident occurs on the road (e.g. the child is riding a bicycle and hits a car), the child is liable even up to the age of 10. The child does not have to be. The legislator assumes that children in these time frames will regularly be overtaxed by the risks of flowing traffic. From these two regulations a reverse conclusion is formed in the contributory negligence: because if one assumes that the child is not culpable in these age ranges opposite third, then it can be also not culpable opposite itself. Consequently, in such cases there is no reduction of a claim for compensation for pain and suffering due to contributory negligence.
children from 11 years
Children who have already reached the age of 10 are entitled to compensation until they reach the age of majority limited liability for tort. Thus it is stated in § 828 abs. 3:
Whoever has the 18. If the child has not yet reached the age of 18, he or she is not responsible for the damage he or she causes to another person, unless his or her responsibility is excluded under paragraph 1 or 2, if he or she did not have the insight required to recognize his or her responsibility when committing the damaging act.
Whether your daughter or. Whether your son is partly to blame depends on his capacity at the time of the accident:
The deciding factor is whether your child was already able to overlook and assess the driving situation, or whether it lacked the necessary insight, visual and motor skills.
In a complex and dynamic traffic situation with many motorized traffic participants, it can be assumed, depending on the age, that your child is more quickly overwhelmed with the traffic situation and cannot correctly assess the dangers than in non-motorized road traffic.
Conversely, contributory negligence is to be assumed if the traffic situation was easy to survey and assess and your child should also have been aware of the dangers. So must z.B. a nine year old knows that when riding a bike, a minimum distance must be kept from cars parked properly on the side of the road.
The legal assessment of whether contributory negligence can be attributed to your child thus depends to a large extent on the individual traffic situation and the differentiated case law. If the opposing insurance company accuses your child of contributory negligence after an accident, a legal examination is recommended.