Parking Lot Mishap: When Multiple Scratches Count as One Insurance Claim
We've all been there: a tight parking space, a moment of distraction, and the dreaded scrape. But what happens when, during a single attempt to exit a spot, you accidentally hit more than one object? Does your car insurance treat each impact as a separate claim, meaning you pay multiple deductibles? A real case reviewed by the German Insurance Ombudsman (Versicherungsombudsmann) provides a clear and important answer for every driver.
The Case: One Parking Maneuver, Multiple Damages
A policyholder faced an unpleasant surprise after an awkward parking lot exit. While maneuvering their car out of a tight space, they caused damage to more than one object—let's say they scraped a pillar while reversing, then nudged another car while correcting. The insurer processed these damages as separate, distinct claims.
The insurer's argument was that each movement of the car (reverse, forward, reverse again) represented a separate "willful decision" by the driver, thus constituting multiple insured events. This classification meant the policyholder was liable for multiple deductibles (Selbstbeteiligungen), significantly increasing their out-of-pocket costs.
The driver's argument was that this was a single, continuous, albeit clumsy, parking maneuver. They never left the vehicle or concluded the action; they were simply trying to extricate the car from a difficult spot.
The Ombudsman's Ruling: The "Unitary Event" Principle
The driver appealed to the Insurance Ombudsman, who ruled in their favor. The decision was based on established legal precedents, including rulings from the Higher Regional Court of Hamm (OLG Hamm) and the Traunstein Local Court (AG Traunstein).
The core legal principle applied is that of a "unitary damaging event" (einheitlicher Schadensvorgang). The Ombudsman clarified that a single insured event that triggers further damage in a direct sequence should be treated as one claim.
Key factors that defined this as a single event:
- Temporal and Spatial Proximity: The damages occurred in very close succession and in the same immediate location.
- Uninterrupted Action: The driver remained in the car and did not conclude the parking maneuver. The sequence of movements (back-and-forth) was part of one continuous attempt to solve a single problem: getting out of the space.
- Common Cause: All damages shared the same root cause: the challenging parking situation and the driver's attempt to navigate it.
The Traunstein court emphasized that you cannot arbitrarily split a unified parking action into separate driving movements for insurance purposes. Consequently, the Ombudsman directed the insurer to treat the entire incident as one single claim subject to only one deductible.
What This Means for Your Car Insurance Claims
This case sets an important precedent for how similar incidents should be handled. Here’s what you need to know:
| Scenario | Likely Classification | Reason |
|---|---|---|
| Scraping two objects while performing one continuous parking maneuver. | Single Claim (One deductible) | Fits the "unitary event" principle: close in time, space, and cause. |
| Hitting a curb while parking, then—after turning off the car and going shopping—hitting a different object when leaving. | Potentially Two Claims (Two deductibles) | The actions are separated in time and are distinct driving tasks (parking vs. departing). |
| Losing control on ice and hitting several guardrail sections in one skid. | Single Claim (One deductible) | A single loss of control causes a continuous sequence of impacts. |
How to Protect Yourself in a Multi-Damage Incident
If you find yourself in a similar situation, follow these steps to support your case for a single claim:
- Document the Scene Thoroughly: Take photos and videos showing all damages (to your car and other objects) and the overall layout of the parking lot. This proves spatial proximity.
- Write a Detailed Account Immediately: Note the time and describe the event as a single, continuous maneuver. Avoid language like "first I hit X, then I hit Y," which an insurer might misinterpret. Instead, write: "While attempting to exit the tight parking space in a single continuous maneuver, my vehicle made contact with [Object A] and [Object B]."
- Know Your Policy: Review your car insurance terms for definitions of a "claim" or "insured event." While standard policies don't usually detail this specific scenario, being informed helps.
- Cite the Precedent if Necessary: If your insurer initially tries to apply multiple deductibles, you can politely reference the principle established by the Insurance Ombudsman and courts (OLG Hamm, AG Traunstein) regarding unitary parking events.
- Escalate to the Ombudsmann: If the insurer refuses, you have the right to file a complaint with the free and independent Versicherungsombudsmann e.V. for mediation.
In the cited case, after persistent intervention by the Ombudsman, the insurer revised its decision and charged only one deductible. This outcome underscores that insurers must assess the overall context of an incident, not just the number of impacts. As a policyholder, understanding this distinction can save you hundreds of euros in unnecessary out-of-pocket expenses after a stressful parking lot mishap.