Right: Keys in the mailbox are not always negligent

The key drop in the mailbox of the car workshop causes trouble with the insurance company again and again after theft. Going to court can be worthwhile for those affected.

If you leave your car at the garage outside of business hours, you often throw the key in the mailbox. This can be interpreted as gross negligence. But it doesn't have to, as a decision by the Regional Court of Oldenburg shows.

In the case under discussion, a thief stole a parked car after he fished the key from the workshop's mailbox. The owner's insurance did not want to pay for the damage and the matter ended up in court.

The judges agreed with the robbed. Throwing in a key can certainly be viewed as gross negligence, but it depends on the circumstances of the individual case. For example, whether the box gives the impression that the key can be easily removed again or the housing is easy to break open. According to the court, that was not the case here. Among other things, because to the thrower it seemed as if the thrown in parts would fall far down through the slot and could not be reached and removed from the outside. The insurance had to compensate for the damage. (Ref .: 13 O 688/20)

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