Courtesy ride
A courtesy trip is understood to be the free transport of people in a motor vehicle , usually out of social consideration . It is practically the most important courtesy relationship in everyday life . Since the driver this is usually the legal binding will is lacking, one is legal transactions obligation not materialize mostly between him and the passengers.
consequences
If there is a traffic accident in which the passenger is injured, there are basically no contractual claims. A liability of the driver does not arise because of a possible breach of duty from an obligation (§ 280 in conjunction with § 241 II BGB), but at most from unlawful act according § 823 BGB and strict liability from § 7 StVG into consideration. In contrast to tort claims, in this claim basic too compelling evidence fault not provided causing the damage.
Limitation of Liability
Neither is liable by law to intent and gross negligence is limited, come Liability mitigations to § 708 , § 1359 (due diligence of the spouses ) or § 1664 (limited liability of parents ) BGB in question because these standards in road transport are unsuitable. Since a waiver of liability would generally not benefit the compliant but the liability insurance , it would contradict the well-understood interests of the parties involved. It follows that family relationships between inmates do not tacitly exclude liability.
