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OGH

Austrian Supreme Court decisions on third-party motor claims

Selected decisions on direct claims against motor liability insurers and claim structure.

OGH 7 Ob 182/17s

Direct claim as statutory assumption of debt

The direct claim under section 26 KHVG is based on a statutory assumption of debt. The injured party may assert the claim directly against the liability insurer within the statutory framework.

Open decision in RIS →
OGH 2 Ob 35/15h

Claim against tortfeasor and insurer

The decision describes the direct claim as an additional statutory claim against the liability insurer. Basis, scope and evidence must still be reviewed in each case.

Open decision in RIS →
OGH 2 Ob 41/05a

Direct claim does not change the underlying basis

Even when the insurer is approached directly, the underlying compensation claim remains decisive. Liability and amount of loss must be properly prepared.

Open decision in RIS →
Note: Summaries are general information only. The full decision and specific facts are decisive.