The insurance of a Ferrari driver has also lost a lawsuit against a municipality in the second instance.
After the district court in Koblenz, the higher regional court there also dismissed the claim for damages brought by the insurance company for damages against the Rhineland-Palatinate municipality of Cochem an der Mosel (decision of December 7, 2021, file number 12 U 1012/21).
The regional court had already rejected the accusation that the municipality had not taken sufficient care of the safety of its streets (10 O 359/20).
In August 2019, the driver is said to have driven his Ferrari F40, which is several decades old, through a narrow street in Cochem and, because of parked cars, avoided a sloping rain gutter on the right-hand side.
The sports car landed on a manhole cover and was damaged.
The insurance company of the Ferrari driver demanded repair costs of around 60,000 euros from the municipality of Cochem, in vain.
The district court of Koblenz found that the man should have recognized the bumps and adjusted his driving style.
The Koblenz Higher Regional Court stated that the community had a duty to ensure traffic safety.
However, she is not obliged to make sure that the road can also be used safely by "not suitable for everyday use" like the Ferrari, at considerable expense.
Even if the sports car, which is lowered as standard, is approved for road traffic, this does not mean that it can be guaranteed that it can be driven safely on all public roads.
According to the Higher Regional Court, the insurance company then withdrew its appeal.
The judgment of the court of first instance dismissing the action has thus become final.
Some historic F40s are traded on the Internet for more than one million euros.