Federal Court of Justice

Communication of the press office


No. 63/2018

Hearing on the 10th of April, 2018, 9.00 o'clock, in the matter of

VI ZR 233/17 (usability of Dashcam recordings

as an evidence in the accident liability process)

The plaintiff takes up the defendant and his liability insurance after a traffic accident on remaining compensation. The vehicles of the parties had collided of internal place by the link bending on two left-hand turn lanes running side by side at the side, the passenger car of the left moving plaintiff became in front on the right which damages of the defendant going on the right from him behind on the left. The parties argue about who has left of his both tracks and has caused the collision. The journey before the collision and the collision were taped by a Dashcam which was right in the vehicle of the plaintiff.

The district court has awarded only half of his total loss the plaintiff. The plaintiff has for his assertion, the defendant has got by the bending by his vehicle on the lane used by the plaintiff, no evidence can adduce. The witness, Beifahrerin of the plaintiff, could not say exactly where the vehicle of the plaintiff has exactly been at the time of the collision. The expert comes in his certificate to the result that from technical view the portrayals of both parties are possible to the accident procedure in principle. To use to the offer of the plaintiff, from him with a Dashcam to made picture admissions, should not be followed. The appeal of the plaintiff has rejected the court of appeal. The recording offends against data protection-juridical regulations and is defeated by a proof utilisation ban. With the check admitted by the court of appeal the plaintiff follows up his complaint desire.

Preauthorities:

AG Magdeburg – judgment from the 19th of December, 2016 – 104 C 630/15

LG Magdeburg – judgment from the 5th of May, 2017 – 1 p. 15/17

Karlsruhe, 26th of March, 2018

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