Accident in Tyrol: Court dismisses claim for damages against driver

Accident in Tyrol: Court dismisses claim for damages against driver

On September 14, 2025, a traffic accident occurred between two German drivers in Tyrol, Austria. Roland Rollert was overtaking several vehicles on a federal highway when another German driver swerved to the left to turn. The accident occurred at the moment when Rollert overtook the driver. As a result, Rollert sued the other party's insurance company for damages.

The legal basis of this situation was examined by the Cologne Regional Court under file number 36 O 325/23. The court found that Austrian law was applicable, which was a crucial turning point in the proceedings. According to the judges, Rollert noticed the driver's left turn signal and should have reacted accordingly. He was found guilty because he failed to overtake the woman turning on the right, which would have been necessary in this traffic situation.

Overtaking opportunities and liability

The court also emphasized that overtaking was prohibited and safe overtaking was no longer possible. This finding led to the dismissal of the lawsuit, with the entire blame falling on the plaintiff driver, i.e. Rollert. This decision shows the importance of exchanging traffic rules between different countries and their influence on compensation claims.

Special procedures apply to drivers involved in an accident in Austria. It is advisable to stop immediately after an accident, put on a high-visibility vest and secure the scene of the accident. In the event of personal injury, the police and emergency services should be called, while in the case of minor sheet metal damage, police intervention is often not necessary. There is a blue light tax of 36 euros if the police are called without necessity, but these costs can be claimed back from liability insurance.

Compensation and legal framework

Documentation of the accident is essential, which is why the European accident report can be helpful to register license plates as well as names and insurance details. The application for compensation can be made directly to the opposing insurance company in Austria or to the regulatory representative in Germany. It is important that the statute of limitations for such claims in Austria is three years and the processing deadline for insurance policies should be no later than three months after notification, unless there is a justified delay.

With regard to recoverable damage items, Austrian law provides specific regulations. These include, among other things, repair costs, rental car costs and towing costs. Legal fees are also largely covered, while compensation for loss of use is not provided. In the event of personal injury, medical and nursing costs will be reimbursed, but loss of earnings must be proven if compensation is desired.

In summary, Roland Rollert's case illustrates the complexity and challenges of traffic accidents in an international context and how important it is to pay close attention to the specific legal framework. These different regulations can have significant consequences for the settlement of claims, such as: MDR reports and also that one ADAC highlights.