Mitfahrzentrale und Mitfahrgelegenheit

in und um den Landkreis Deggendorf

Mitfahrzentrale MiFaZ

Insurance questions

What happens in the event of an accident?

All passengers are covered by motor vehicle liability insurance or statutory accident insurance.
Download the MiFaZ limitation-of-liability agreement

Liability in carpools

As fuel prices and traffic increase, more people are choosing to carpool. Passengers are covered by the vehicle's motor liability insurance. No additional passenger insurance is required for a carpool, whether the trip is a commute or a private journey.

As with any car journey, the motor liability insurance of the person responsible for an accident covers personal injury, property damage and financial losses, including compensation for pain and suffering. If the carpool driver caused the accident, their motor liability insurance compensates the other passengers. The driver does not receive benefits from their own liability insurance.

Employees are generally covered by statutory accident insurance on their direct journey to and from work. This also includes necessary detours to collect carpool passengers. Unrelated detours may invalidate this cover.

There are also cases in which the driver causes an accident without being at fault, such as a tyre blowout or a heart attack at the wheel. Since German compensation law was reformed in 2002, the vehicle's liability insurance may cover these cases as well.

For accidents on the journey to and from work, statutory accident insurance applies alongside motor insurance. It covers medical treatment, occupational assistance, death benefits and pensions for injured people or surviving dependants. It does not cover property damage or compensation for pain and suffering.

To reduce risk, carpool participants may sign a limitation-of-liability or liability-waiver agreement. Such an agreement can protect the driver against passenger claims that exceed the insurer's benefits. Participants should also agree in advance how any fines will be handled.

For a long-term carpool, it can be useful to agree a written limitation of liability before the first trip.

Liability waivers

Any liability waiver should apply only to claims that are not covered by insurance. It must not be used to release motor insurers from their obligations.

Optional passenger accident insurance can provide additional protection for accidents not caused by the driver, such as incidents involving oil on the road, a tyre blowout or wildlife. It is supplementary rather than mandatory and is often considered unnecessary because health insurance also applies.

If carpool participants take turns driving, the driver responsible for accidental damage may be liable to the vehicle owner. Neither motor liability insurance nor the driver's personal liability insurance necessarily covers this damage; comprehensive insurance may apply, subject to the agreed excess and any loss of no-claims discount.

All passengers are covered by motor liability insurance in the event of a claim; check the policy's coverage limit. Employees, school pupils and students are also covered by statutory accident insurance on the direct journey to and from work, school or university.

Further information

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