What you have to look out for in a commuting accident
Does every interruption of the way to and from work lead to the loss of insurance coverage in the statutory accident insurance?
The route to and from the insured activity is gem. § 8 Para. 2 No. 1 SGB VII covered by the statutory accident insurance. An interruption of the route for private reasons means that insurance coverage is no longer applicable. For example, protection during private purchases on the way home is interrupted. However, the insurance cover is revived if the journey home is continued within two hours.
According to the jurisprudence of the BSG, insurance coverage does not lapse if the interruption of the route is only minor. The interruption is minor if the execution is still to be regarded as part of the route as a whole in terms of time and space.
The Federal Social Court (judgment of 7.5.2019 - B 2 U 31/17) had to decide a case in which the applicant had stopped briefly on the direct route from the place of work to the apartment to send a private letter to a mailbox that was sent on Roadside stood to throw in. When she got out of the car, she fell and injured her foot. The BSG denied insurance protection because the break and getting out caused a turning point on the way home. Exiting does not serve to get to your own apartment, but rather to do a private business. Even if the time involved is not great, the insurance coverage is interrupted.
Minor interruptions include stopping in a traffic jam or at red lights, but also waiting at stops. Interruptions to refuel, for repairs or to purchase a monthly pass should no longer be insured. Something else applies, however, if it is determined while driving that the tank filling will no longer be enough for the way. In such cases, the lecture of the person concerned is crucial, so legal advice should be sought in good time.
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