Expensive help

In the bleak mid/winter, vehicles often end up in snow drifts – unable to move again without help. Farmers are often asked for help, to tow the vehicle out again with one of their machines. But that can get very expensive.

From experience I also know that farm workers often help each other towing broken down agricultural machines. Even though it is nice to offer help and to assist stranded motorists you have to act with caution. Towing should best be left to professionals as under certain circumstances help can turn into disaster.

*Splitting the costs of accidents *

Have you ever thought about who will pay for damage caused by towing? For instance, if the person towing pulls off parts of the vehicle by accelerating too quickly. Or if the driver who is towed doesn’t react fast enough and runs into the towing vehicle.

Courts regularly have to deal with cases like this. In Hamm, for instance, the following case was dealt with. A car was towed on a sloping road. The vehicle at the back drove into the vehicle in front. The helper asked to be paid the €8,800 damage. The court only agreed to half the amount.

Neither driver was solely to blame said the judges. Nobody drove too fast or too slow nor did anybody brake too late. That is why splitting the costs is appropriate (OLG Hamm – 9 U 73 /08- decision of 9.9.2008).

How did the judges decide this? If a vehicle is towed both vehicles involved are still in use according to the road traffic law. Therefore both vehicles share the responsibility for road safety. Is there no definite guilty party in a normal traffic accident (for instance if one driver didn’t brake) the damage has to be paid fifty-fifty by both parties. The fact that one driver has “instructed” the other does not affect this judgement.

Expensive insurance

In principle the drivers can agree that the one who causes the accident is liable to pay for the costs. In case of an unsettled question of guilt splitting the costs fifty-fifty is the usual decision. Then the gesture of help quickly becomes a case of property damage with costs in the region of four to five figure sums. That is why professional winter services (gritters etc.) are not allowed to help other vehicles.

If there is a splitting of costs, as in the above-mentioned example, the accident insurance of the party who helps will be affected. This then could cause a rise in the premium.

What do you think about helping someone with your working vehicle in winter? Have you an experience to share?