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Old 25.08.2014, 07:15
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

Thanks for all of the info, though it does not make me feel better. Seems like this rule at the very least gives insurance companies incentive to find "negligence" in the most potentially expensive cases.


People make mistakes. Driving after drinking a six pack is certainly avoidable. But driving 75 in a 60 zone because you miss the sign -- who hasn't done this at some point?


Insurance is meant to cover our negligence. Home insurance pays out on fires when we leave the stove on. Medical insurance pays when our heart gives out from daily McDonalds or if we break a leg skiing.


Mandatory Swiss medical coverage aims to prevent financial ruin from medical issues, but it seems the Swiss don't care about financial ruin from driving. Just another way people here seem intent on punishing drivers.
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Old 25.08.2014, 08:15
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

Gross negligence is the term used. To be negligent is to fail to exercise the care that a reasonably prudent person would exercise in like circumstances.

Therefore, if the accident is caused by EXCESSIVE speed, drink driving, driving while under the influence of illegal drugs (or even legal/prescribed ones) it could be considered that the driver was negligent.

The same would be considered true if you were driving in winter/icy conditions on summer tyres.

What this means is that the vast majority of accidents would still be covered. Should you rear end a car in front because they slammed on the brakes because a child looked likely to run in front of them - and you weren't driving too quickly (or were drunk etc) you would still be covered.

IIRC there is the "reasonable man" concept (although the details escape me) - if a "reasonable" person would have still been involved in the accident it can't be gross negligence.
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Old 25.08.2014, 09:08
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

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Gross negligence is the term used. To be negligent is to fail to exercise the care that a reasonably prudent person would exercise in like circumstances.

Therefore, if the accident is caused by EXCESSIVE speed, drink driving, driving while under the influence of illegal drugs (or even legal/prescribed ones) it could be considered that the driver was negligent.

The same would be considered true if you were driving in winter/icy conditions on summer tyres.

What this means is that the vast majority of accidents would still be covered. Should you rear end a car in front because they slammed on the brakes because a child looked likely to run in front of them - and you weren't driving too quickly (or were drunk etc) you would still be covered.

IIRC there is the "reasonable man" concept (although the details escape me) - if a "reasonable" person would have still been involved in the accident it can't be gross negligence.
Don't most policies in CH have any add on covering Gross Negligence, mine does
Insurance companies in CH just pay up very easily, no messing about unlike in the UK or France.
Of course invoking such a clause makes a nonsense of the requirement of third party liability insurance by law.
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Old 25.08.2014, 09:11
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Re: Insurance Invalid When Speeding: Has Anyone Heard of This?

I would expect the gross part to be proven by a court and then the insurance company will go after you.

So if you crash while drunk and have fully-comp insurance, expect the insurance to only cover the 3rd party losses until your case is over. And expect nothing if you get a ban.....plus they may come after the 3rd party costs that you saddled them with.

Same with speeding; if you crash at 130 on the highway, I don't expect anything to happen but if you were doing 200 and this can be proven then there will be scope for them to avoid lots of payment.
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