Liability in case of collision with alcohol – Legal advice centre

Questioner

Following a collision involving alcohol, we receive the following question from customers. Suppose a resident child causes an accident in which alcohol plays a role. Insurance company does not provide coverage due to alcohol. The damage (car and injury) is claimed from the child. To what extent can the claim be placed with the parents because the child is still studying or has only just started working. Is there anything to say about this.

Lawyer

The WAM has a number of statutory grounds for exclusion. For example, theft, damage to the driver and participation in speed, regularity or skill rides or competitions. The use of alcohol while driving is not a statutory ground for exclusion. Nevertheless, this ground for exclusion is almost always included in the policy conditions. The difference is that the victim of an accident can recover his damages via the Motor Traffic Guarantee Fund in the event of the application of a statutory ground for exclusion. In the other case (i.e. in the event of the use of alcohol in traffic), the victim can recover the damages from the WAM insurer on the basis of article 6 WAM. The WAM insurer can then recover the damages (take recourse) from its insured (the person who caused the accident). In general, children living at home are covered by their parents' liability insurance (AVP). This also applies to children living away from home who are students. Since the use of alcohol in traffic can be seen as conditional intent, it is questionable whether the liability insurance will provide coverage. Because intent is generally excluded in the policy conditions. Can the victim then recover damages from the parents of the person who caused the accident? That depends on the age of the child. This is regulated in article 6:169 BW. If the child is sixteen years or older, the parents are not responsible for the damage caused by the child. Because the question does not mention that the child does not have a driver's license, I assume that the child had a driver's license at the time of the accident and that the child is therefore older than fifteen years. If this is not the case, I would like to hear about it. I will then explain the scope of article 6:169 BW in more detail.