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Nuremberg (dpa / lby) - An urgent human need has brought a car driver in the Upper Palatinate to a wrecked car - and this is not completely replaced by the person who caused the accident.
Rather, the convertible driver has to bear a quarter of the total damage of around 18,000 euros himself, ruled the Nuremberg-Fürth district court, as it announced on Monday.
The excavator driver who accidentally demolished the car with his shovel is three-quarters liable for the damage.
The judgment of February 24th is not yet final.
(Az: 8 O 6187/20)
In February of last year, the driver drove off a road onto a gravel road for a pee break in the Neumarkt district in Upper Palatinate.
It landed on private property, but it was said that it was not recognizable as such.
When the man parked his car next to the excavator, the defendant driver suddenly turned the excavator shovel to the left and damaged the car.
Because the driver had not made sure that nobody was standing next to the excavator during the work, the man now has to bear most of the damage.
"He had to expect that other road users would go to his property, which was not recognizable as private property, and should have signposted the construction site accordingly."
According to the court, the suing motorist should have kept a greater distance from the excavator.
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© dpa-infocom, dpa: 210329-99-12575 / 2