Many car drivers switch from winter to summer tires after Easter. But what if it snows again in low-lying areas? AXA expert Patrick Villiger explains liability in the event of an accident.
In principle no, as driving with summer tires in winter does not necessarily mean gross negligence. How you drive is much more important. Regardless of whether summer tires or winter ones suitable for winter driving have been fitted, it's always important to adjust how you drive to the prevailing conditions and to your car's equipment.
For example, if you drive on flat but snowy roads, you should be especially careful with summer tires and keep an eye on the road ahead, i.e. drive slowly, brake carefully and keep a sufficient distance from the vehicle in front. However, if you're planning to drive over snow-covered mountain passes, your car should be suitably equipped.
If this is deemed to be gross negligent behavior, the driver may possibly have to meet part of the claim. However, it is possible for insurance to cover gross negligence, unlike other gross negligence offenses.
You must always expect financial consequences if you cause damage while you are speeding, driving under the influence of alcohol, narcotics, medication or driving when you are too tired. This is because insurers are legally obliged to take recourse against the driver or vehicle owner.