Collision between two vehicles, at first, nobody thinks about the question of responsibility. How it is settled and what to pay attention to? In principle, the holder of the vehicle is responsible.
If, as a result of the use of a motor vehicle, a person is killed or injured or that material damage is caused, the holder is civilly liable. This means that a keeper is directly responsible for the damage caused by his vehicle, regardless of whether he is at fault. For this reason, in the matter of the holder’s liability, we speak of causal liability (unlike other legal fields such as contractual law, there is no notion of fault in this provision on liability). The reason is the risk inherent in the use of the Vehicles, whether cars, trucks, or motorcycles, are immediately considered dangerous means of transportation. In case of the Car wrecks this is important.
Who is the holder?
Motor vehicle civil liability always affects the holder, the holder. In practice, this rarely plays a role, insofar as the injured party has a right of direct recourse against compulsory motor vehicle liability insurance.
What happens when another person is driving?
Causal liability does not depend on who was behind the wheel. When a motor vehicle causes damage, the holder or ultimately his insurance – must answer for it. This means that the question of who actually committed the accident plays no role.
Lawless use of the vehicle by a third party: even in the event of lawless use of the vehicle by a third party, that is to say when the vehicle has been stolen from use, the holder is responsible jointly and severally with the thief. This means that the person who has been injured during such a race or who has suffered material damage can decide for himself whether he turns against the illegitimate user or against the holder and his insurance. The fact that the keeper did not commit any fault is of no help to him. If, as the holder, you must actually assume the damage suffered by the injured party, you can claim the restitution of the money to the illegitimate user (recourse claims).
Who assumes responsibility when the vehicle is not in use?
Liability without fault only applies when the vehicle is in use. In these cases, the law provides inter alia for liability for fault. This means that you are only liable as holder if the injured party proves that you or a person for whom you are responsible has committed a fault or that the defective condition of the vehicle has played a role (for example: careless opening of the parked car door; downhill on a sloping road in a vehicle that has not been adequately secured).
