No comprehensive insurance with an engine tuning?

Recently updated on November 17, 2020 at 08:22 am

Will the comprehensive insurance be reduced after an engine tuning? This question is examined in detail below. Many tuners rely on performance Tuning of the engine and therefore wonder whether an insurance company can refuse or reduce a benefit once the engine has been tuned. It is advisable to ask yourself these questions before tuning the engine. If the engine has been upgraded and a damage occurs, this can lead to difficulties with the car insurance under certain circumstances. The Saarbrücken Higher Regional Court had to rule in a case in which a driver lost control of the car. The vehicle crashed into a tunnel wall and there was a lot of damage.

Motor tuning notifiable

For a car insurance, it makes a difference whether a car has 200 or 400 hp. For example, the original and insurance known engine was replaced by a more powerful variant exchanged, then this can be relevant for the insurance. The Saarbrücken Regional Court had to deal with this question in the event of a claim, whether a fully comprehensive insurance would be reduced or completely eliminated.

Car placed in front of the tunnel wall - the cause of the accident is important

In the present case, a 405 hp Chevrolet convertible crashed into a tunnel wall. The vehicle was braked by the driver due to a red traffic light. The driver accidentally operated the accelerator pedal when he slipped off the brake. The vehicle then accelerated and crashed into the tunnel wall. A vehicle damage of more than 23.000 euros was caused. The motor vehicle insurer refused to regulate the damage and refused to give the driver comprehensive insurance. The refused performance was justified because the new engine with more horsepower was installed in the vehicle. The owner of the car should have reported the tuning of the engine from 243 HP to 405 HP to the insurance company. The tuning of the engine, according to the insurance company, represents an increase in risk according to § 23 VVG.

The driver sued the insurance company and gave the relevant arguments. The specialist workshop would not have informed about the necessary entries in the vehicle documents after the conversion. Furthermore, the accident occurred only by slipping off the brake pedal and a less powerful engine would not have prevented the accident. Furthermore, the driver said that he would not have acquired the engine due to the increase in performance. The insurance company argued against this and very well assumed a conscious performance tuning. The insurance also argued that the vehicle owner and plaintiff were instructed by the specialist workshop about the obligation to register the engine. Furthermore, the obligation to register an increased performance engine is known. The driver's complaint was dismissed in the first instance. In the appeal process, the Saarbrücken Higher Regional Court dealt with the case and judged in terms of insurance.

Increased danger through the new engine

In the judgment of the OLG Saarbrücken of March 04.03.2020th, 5 (Az .: 64 U 19/XNUMX) it was stated that the insurance benefit may be reduced in the negotiated case. The reduction of two thirds of the benefit was considered appropriate by the court. The amount of the benefit, according to the court, should depend on the fault of the respective policyholder. In severe cases, according to the judgment, an exemption from benefits would also be possible. The engine tuning led to an increase in danger. The plaintiff should have informed the insurer of the installation of the engine. According to the judgment, the duty to report was violated through gross negligence.

summarized:

• the installation of a stronger vehicle engine and its use is a considerable increase in risk
• Violation of the dangerous goods obligation is grossly negligent
• Policyholders should have known that the change would make the insured event more likely
• Such a complex conversion fundamentally changes the character of the vehicle
• the modification causes a not inconsiderable (§ 27 VVG) increase in the risk of accidents, since in this case the new engine exceeded the performance of the old engine by two thirds
• Danger increases are also present if, for example, driving with worn tires or a defective braking system is carried out over a longer period of time
• The extent of the reduction depends on the fault of the policyholder
• the courts will assess the reduction in individual cases
• If the violation is deliberate, it may even be reasonable for the insurer to be completely free of benefits
• You can find more information about tuning insurance here

Of course that had not been the case.

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