This incident raises questions, especially in light of BMW's conduct. The driver of a BMW X7, who had recently purchased the car, was on his way to vacation with his family and dogs. The accident occurred on a speed-restricted section of the motorway, with the vehicle's speed limited to 120 km/h. Without warning, the vehicle suffered a system failure, forcing the driver to drastically increase braking force. The failure of ABS and DSC significantly exacerbated the situation.

Despite increased braking and a stopping distance of approximately 200 meters, a collision with another vehicle was unavoidable. Although the driver had a mobility guarantee, he had to resort to public transport because his car was no longer drivable.

Three days after the accident, the driver was notified of his vehicle's recall, which indicated potential ABS and DSC failures and stated that very strong brake pressure was necessary. Only then did the driver understand how the accident occurred. An inquiry to BMW by a leading German newspaper revealed that the company was aware of the accident and could not identify any faults in the braking system, which raises questions given the car's damage.

Shortly after the press release, the driver received a letter from BMW confirming a system malfunction and announcing the replacement of the Integrated Braking System (IBS). This raises questions about BMW's consistent communication.

BMW has also imposed a delivery freeze on approximately 400,000 vehicles. These vehicles will only be delivered after a software update and, if necessary, the installation of a new braking system, which BMW says will take several months due to a lack of the necessary spare parts. The vehicles will only be delivered after customers have read and signed an information letter.

Given this situation, affected customers should exercise their rights and declare withdrawal if necessary.

Affected models from 2022 onwards:

• BMW 2 Series Active Tourer
• BMW x1 and ix1
• BMW XM
• BMW X5 LCI
• BMW X5 LCI
• BMW X6 LCI
• BMW X6M LCI
• BMW X7 LCI  
• BMW 5 Series Sedan including i5
• BMW 7 Series Sedan
• BMW Alpina XB7
• Mini Cooper
• Mini Countryman
• Rolls-Royce Spectre

Act now!

Legal options for BMW customers: options for action in the event of recalls and material defects

BMW customers affected by the current recalls have various legal options to take action against potential defects. According to the statutory warranty for material defects, which applies to new cars for two years from the date of purchase, warranty claims for vehicles purchased in 2022 can be asserted until the end of 2024.

Customers have the right to reduce the purchase price or withdraw from the purchase contract if the manufacturer is at fault. In such cases, they may also be entitled to compensation. However, customers are generally not entitled to a replacement vehicle or a rental car during the repair period, which can cause considerable inconvenience.

In practice, it is often the courts that decide on such cases, especially when it involves the return of the vehicle against reimbursement of the purchase price less compensation for use or pure compensation for damages.

It is important that those affected take action to assert their rights and avoid potential financial losses. In Germany, legal expenses insurance often covers the costs of such proceedings, provided the relevant insurance coverage was already in place at the time of purchase. There is also the option of litigation funding, which allows you to take legal action against the car manufacturer without any financial risk.

Der Beitrag Rückrufaktion bei BMW wegen Bremsproblemen führt zu schwerem Autobahnunfall erschien zuerst auf R&U.

The disclosure of location data and personal details such as email addresses and phone numbers highlights a worrying weakness in security measures. It is both legally and ethically imperative to protect such information, especially when it provides deep insights into individuals' private lives.

Support with data protection issues

We offer affected vehicle owners comprehensive support in enforcing their data protection rights. Our services include:

• Support in the deletion of personal data: We help with the claim to the “right to be forgotten” under Article 17 GDPR.
• Requests for information in accordance with Article 15 GDPR: We determine which personal data has been stored and how it has been used.
• Review of legal options: This includes examining the possibilities for a class action declaratory judgment or individual claims for damages.
• Assertion of claims for damages: In case of financial or immaterial damages caused by unprotected data publication.

Data breach at VW: Legal steps and increased security requirements

The data leak could give rise to claims against subsidiaries such as VW Financial Services and VW Bank. Volkswagen Bank GmbH is a wholly owned subsidiary of Volkswagen Financial Services AG.

The disclosure of customer data provides criminals with the opportunity to launch phishing emails or other fraudulent activities. Customers who suffer financial losses as a result may have the right to claim compensation.

The potential dangers of phishing attacks or identity theft associated with VW Financial Services and VW Bank data are serious. It is imperative that companies treat the security of customer data as a top priority.

Demand for stricter data protection standards It also calls on companies to improve data protection and IT security standards. The push toward electric vehicles and advanced connected technologies should not compromise user privacy. Manufacturers must ensure that personal data is not only collected legally but also comprehensively protected.

Need for action at the political level This incident highlights the need for strict enforcement of regulatory requirements such as the upcoming EU Data Act. Manufacturers should be expected to provide consumers with clear and secure data management. Data protection should be an integral part of modern mobility.

Free initial assessment

Those affected can contact specialist lawyers for a non-binding initial assessment of their legal options. The goal is to take the necessary steps under data protection and civil law together with the affected parties.

Der Beitrag Mögliche Datenschutzverstöße bei VW: Betroffene könnten Anspruch auf Schadenersatz haben erschien zuerst auf R&U.

On January 23, 2024, the Hamm Regional Labor Court issued a groundbreaking ruling (case no. 6 Sa 1030/23) regarding the continued provision of a company car for private use. This case decided whether an employee is still entitled to use their company car for private purposes. This decision could have far-reaching implications for similar cases in labor law.

Facts: Dispute over the provision of a company car for private use

The present proceedings concerned the provision of a company car, which was also intended for private use. The plaintiff, who has been employed by the defendant since February 1, 2009, most recently earned a gross annual salary of approximately €130,000, including a non-cash benefit of €1,119 gross per month. In 2015, the parties signed an employment contract that appointed the plaintiff as a sales manager in the marketing and sales department. The contract did not contain any specific provisions regarding the provision of the company car, but a supplementary agreement provided the plaintiff with a function-specific company car.

In 2021, the contract was amended when the plaintiff assumed the position of Area Sales Manager in July. This agreement stipulated that he could be granted a function-related company car, provided company policies permitted it. Upon termination of employment, this entitlement would cease, and the defendant reserved the right to reclaim the company car for objective reasons.

Since February 2023, the plaintiff has worked as a sales partner manager for individual customers without any contract changes. The company car continued to be made available to him. During an inspection in March 2023, the defendant determined that the plaintiff did not meet the required business absence requirement of more than 50 days. The defendant then demanded that he return the company car by December 31, 2023, at the latest. The plaintiff filed a lawsuit to enforce the provision of the company car for private use beyond December 31, 2023.

Reasons for the decision in the legal dispute concerning the provision of a company car for private use

The Hamm Regional Labor Court (LAG Hamm) ruled in favor of the plaintiff, requiring the defendant to provide him with a company car for private use beyond December 31, 2023. While the Dortmund Labor Court dismissed the claim, the Hamm Regional Labor Court recognized the plaintiff's claim as not extinguished. The provision of a company car for private use is considered remuneration and is therefore owed as long as the employer is obligated to pay remuneration.

A claim to a company car could only be lost through a validly agreed condition subsequent or a valid right of revocation. The Higher Labor Court (LAG) in Hamm determined that the plaintiff's claim had not expired due to a condition subsequent pursuant to Section 158 (2) of the German Civil Code (BGB). The relevant clause regarding "permanently high mobility" was non-transparent and therefore ineffective. It remained unclear under which circumstances "permanently high mobility" is not present, how the 50% quota of working days is calculated, and which trips should be taken into account.

The court also deemed the cancellation clause invalid. This allowed the defendant to reclaim the company car for reasons that were unreasonable for the plaintiff. Although the employer has a legitimate interest in flexibility, the economic risk cannot be shifted onto the employees. The clause permitted cancellation for organizational reasons, such as changes to contractual duties. However, not every change in job duties justifies the withdrawal of use of the company car.

In addition, the defendant failed to comply with the contractually stipulated two-year review period. Therefore, the Hamm Labor Court ruled in favor of the plaintiff and confirmed his right to the company car for private use as well.

Practical tips: Company car provision for private use

Contractual arrangements regarding the provision of company cars, including for private use, are frequently the subject of labor court disputes. The Hamm Higher Labor Court ruling demonstrates that cancellation clauses must meet strict requirements for effectiveness. Employers should therefore exercise particular care when drafting such clauses.

It is advisable to agree on a right of revocation in connection with the provision of a company car for private use. In doing so, it should be ensured that the employer's legitimate interest in being able to revoke the provision of the company car during the ongoing employment relationship is clearly and legally soundly formulated. The contractual provisions must comply with the requirements of general terms and conditions law.

The trend in labor courts shows that the provisions of Sections 305 et seq. of the German Civil Code (BGB), in particular the transparency requirement (Section 307 (1) sentence 2 BGB), continue to be strictly applied. Employers should therefore ensure transparency and clarity in their contractual clauses to avoid legal conflicts.

Disputing with your employer over the use of a company car? Our employment law attorneys are happy to assist you!

Der Beitrag Rechtsstreit um den Entzug eines Dienstwagens auch zur Privatnutzung erschien zuerst auf R&U.

Munich – This extensive recall, affecting 1.5 million vehicles, has significant financial consequences for BMW and is generating negative media coverage. The reason is a potential defect in the braking system that affects numerous models, including those in Germany. This safety measure is intended to prevent (serious) accidents, but that appears to have already happened: A serious accident involving a BMW model that has not yet been recalled is casting the Munich-based premium manufacturer in a negative light.

In the incident reported by Bild, a BMW X7 was involved in an accident in the Czech Republic after the driver from Germany suddenly had to brake hard.

BMW recall: Vehicle involved in an accident in the Czech Republic

The 34-year-old was on vacation with his partner and two dogs when his brakes failed on a motorway, significantly impairing his driving. Despite a reportedly 200-meter braking distance, the collision with another vehicle could not be avoided; fortunately, however, the occupants were uninjured.

According to the report, the incident was also exacerbated by the fact that the section of road was limited to 120 km/h. The braking problem, which led to the recall of BMW vehicles, affects both the anti-lock braking system (ABS) and the dynamic stability control (DSC) and can endanger the safety of the vehicle's occupants and other road users.

BMW and the faulty brakes: Report on delayed recall letter

The owner of a 2.5-ton BMW SUV had purchased the vehicle months before the accident. The automaker's response was allegedly inadequate: Despite an existing mobility guarantee, the driver was initially referred to the train because the car was no longer drivable.

Furthermore, three days after the accident, the man unexpectedly received an official recall letter citing the problem with the Integrated Braking System (IBS). Thus, the necessary and presumed explanation for the accident reached him late.

Brake problems at BMW: Accident driver sues the premium manufacturer

According to reports from Bild, BMW's response to a corresponding inquiry is causing confusion. Initially, the manufacturer stated that after inspecting the car involved in the accident, no technical defect in the braking system could be detected. Just a few days later, the driver received the surprising notification that the braking system of his X7 (M version) needed to be replaced. The accusation is that BMW attempted to conceal the technical defect in connection with the accident. "I almost died," the driver of the accident is quoted as saying, and he has now initiated legal action against the manufacturer.

Immorality or negligence?

If a court finds the vehicle to be immoral, car buyers have the option of returning the vehicle to the manufacturer. In this case, they will receive a refund of the purchase price less the vehicle's previous use.

In cases of negligent action on the part of the manufacturer, the difference in damages applies: Under certain conditions, buyers can receive up to 15 percent of the purchase price back without having to return their vehicle. This regulation allows buyers to receive financial compensation for the damage they suffered without having to abandon the vehicle.

BMW brake problems affect numerous model series

A Munich law firm has initiated legal action on behalf of the affected driver and declared the cancellation of the car purchase. Confidence in the vehicle has been irrevocably destroyed, and the driver does not want to expose himself to such danger again. In addition to recalling vehicles already sold, BMW has also imposed a delivery freeze on approximately 400,000 new vehicles. These vehicles, which include the X7 and numerous other model series, may only be delivered after a software update has been installed and, if necessary, the brake system has been replaced.

BMW recall: Options for car buyers of affected models

According to BMW, these measures will take several months due to the current shortage of spare parts. New car buyers will also be required to sign a letter informing them of the defect and the necessary repairs.

BMW customers whose vehicles are affected by the defects have legal options: The statutory liability for material defects generally applies for two years from the date of purchase. Vehicles purchased in 2022 can therefore be claimed until the end of 2024.

In a letter from the law firm, customers are granted the right to reduce the purchase price or withdraw from the contract. In certain cases, they may also be entitled to claim damages, particularly if the manufacturer can be proven to be at fault.

BMW recall affects around 150,000 models in Germany

According to the manufacturer, the problems with the BMW braking system have been identified in approximately 150,000 models in Germany alone. The German Press Agency (dpa) reports that between three and five percent of the components supplied by Continental are defective, which is why all affected vehicles must be inspected. Due to several problems, the Munich-based automaker has significantly reduced its sales and profit expectations for 2024. In addition to the recall due to the braking system, weak sales figures in China are also responsible for this.

Profit before taxes is expected to decline by at least ten percent compared to the previous year.

Der Beitrag Millionen-Rückruf bei BMW: Klage eines Mannes nach schwerem Unfall erschien zuerst auf R&U.

Current case law: Deductions at the expense of motor vehicle policyholders are illegal

Reductions represent a significant financial loss for those affected. However, according to established case law, this practice is not permissible. Supreme court rulings clearly side with accident victims and declare such reductions unlawful. Accident victims must be treated the same way after a traffic accident as they were before the accident. All accident-related costs must be reimbursed, both in the case of a fictitious settlement and in the case of a specific settlement.

Defend yourself successfully against deductions in the amount of damage

Car insurance companies are also aware of the legal situation. However, this doesn't stop them from initially reducing the amount of damages, as the potential savings are too great and too many affected parties simply accept this. The solution, however, is quite simple. Get free, non-binding advice from traffic law attorneys.

Claim back the reduced amounts from your car insurance

Take seek legal support and hire a lawyer to demand payment of the unjustly deducted amounts from the car insurer via a reminder notice. Given the clear legal situation, insurance companies often pay out immediately after the reminder notice is issued, knowing full well that they cannot maintain the deductions. The car insurance company of the person who caused the accident will pay out the deducted amounts at the latest during legal proceedings. However, in the majority of cases, a trial never even occurs, as the payment is made in advance. Seize your opportunity and fight against cuts.

How should I behave after a traffic accident?

It is important that you seek legal assistance immediately in the event of an accident. This will help you avoid mistakes from the outset. Often, legal assistance is only sought when accident victims are affected by massive reductions in their benefits. However, if you want to receive full compensation for your damages, you should seek legal advice immediately. lawyer Furthermore, you won't incur any additional costs. The costs of a traffic lawyer are always covered by the car insurance of the person who caused the accident. A partial reimbursement will only be made in the event of relevant contributory negligence in the traffic accident. 

Immediate assistance in traffic accidents

We take care of the entire claims settlement – from dealing with the opposing insurer to enforcing compensation for pain and suffering. Contact us immediately contact with us. We will examine your case individually and advise you free of charge and without obligation.

You might also be interested in:

traffic accident, parking ticket or driving license revocation

Have you been in a traffic accident or received a fine for a traffic violation? Then you should...

Traffic accident – do you know your rights?

After a traffic accident, the situation is often stressful and confusing. Sometimes you experience shock...

Der Beitrag Schadensregulierung beim Verkehrsunfall: Kfz-Versicherungen kürzen Reparaturrechnung zu Unrecht erschien zuerst auf R&U.

The general rule is: Do not make hasty statements after a traffic accident. These could later be interpreted as an admission of guilt with far-reaching consequences. Whoever caused the accident is generally responsible for all damages, both to the vehicle and to people and the environment. In these cases, the party responsible for the accident or their insurer will bear the costs of the necessary repairs, among other things, and can freely choose the workshop for the repairs. The injured party is also entitled to a rental car for the duration of the repairs. Furthermore, there is also the option of refraining from having the vehicle repaired and not having the work carried out. However, even in this case, the party responsible or their insurer will pay the damages in the form of a fictitious damage calculation. To find out which option is best for your case, see advise we would be happy to assist you.

Accident damage settlement – what should you consider?

Claims settlement refers to the settlement of a traffic accident. Its purpose is to obtain compensation from the other party. As the injured party, you are obligated to provide evidence of the damage. Therefore, be particularly thorough when assessing the accident, as experience shows that insurers usually want to minimize damage. Therefore, you should definitely consider the following points:

• Collect evidence immediately after the accident (photos, witnesses, exchange of information).
• Prepare a joint accident report and have the person who caused the accident confirm the circumstances in writing.
• Have an expert assess the extent of the damage.
• Hire a traffic lawyer to handle the claim settlement for you.

The injured party may, in principle, commission a technical expert of their choice to assess the damage. As the injured party, you should definitely do this, as otherwise the damage will not be assessed conclusively and comprehensively.

We help you in traffic accidents

As an accident victim, you usually have many rights and claims. Therefore, you should consult a traffic lawyer. In the case of an accident that was not your fault, the other party always pays the lawyer's fees. We will then take over the entire claims settlement – from dealing with the opposing insurer to enforcing compensation for pain and suffering. Contact us immediately contact with us. We will be happy to advise you free of charge and without obligation.

Der Beitrag Verkehrsunfall – Kennen Sie Ihre Rechte? erschien zuerst auf R&U.

• Driving without a license (§ 21 Road Traffic Act)
• License plate misuse (§ 22 Road Traffic Act)
• Hit and run or leaving the scene of an accident without permission (§ 142 StGB)
• Dangerous interference with road traffic or endangerment of traffic (§ 315b StGB and § 315c StGB)
• Illegal car racing (§ 315d StGB)
• Driving under the influence of intoxicating substances (e.g. alcohol or drugs while driving) (§ 316 StGB)

Driving under the influence of alcohol or drugs

Alcohol and drugs in road traffic are always a serious accusation, which endangers the driving license.

In Germany, the blood alcohol limit is generally 0.5 ‰. Up to this point, you will be exempt from punishment unless you commit an alcohol-related driving error such as running a red light, driving erratically, or causing an accident. In this case, a blood alcohol level of 0.3 ‰ can be considered to be relatively unfit to drive. Generally, a distinction is made betweenrelativeandabsolute inability to driveThe latter is present from 1.1 per mille. The closer the determined alcohol content is to the limit of absolute driving incompetence of 1.1 per mille, the lower the requirements for proof of the typical alcohol impairment. This means that at 1.0 per mille blood alcohol, even a small swerve is enough and your driving licence is in jeopardy. From 1.1 per mille, in any caseabsolute inability to driveThe court will then revoke the driver's license, and the driver's license office will be instructed not to issue the person concerned a new license before a certain period of time has elapsed, usually not before 10-12 months. 

If you drive under the influence of drugs, you are committing an offense under the Narcotics Act (BtMG) or a traffic violation. The penalty for driving under the influence of drugs depends on the frequency of the offense.

Traffic offense: Rogert & Ulbrich recommends

Especially if you are accused of using alcohol or other illegal intoxicants while driving, you should have your case handled by a traffic lawyer Especially if an entry in the central traffic register in Flensburg already contains several points, the points imposed for the violation can become a problem. We will be happy to advise you on this free of charge and without obligation.

You might also be interested in:

traffic accident, parking ticket or driving license revocation

Have you been in a traffic accident or received a fine for a traffic violation? Then you should...

Traffic accident – do you know your rights?

After a traffic accident, the situation is often stressful and confusing. Sometimes you experience shock...

Settlement of damages in traffic accidents: Car insurance companies wrongfully reduce repair bills

When it comes to claims settlement following traffic accidents, reductions and deductions in repair bills are unfortunately a daily occurrence…

Der Beitrag Verkehrsstraftat: Mehr als Verstöße gegen das Verkehrsrecht erschien zuerst auf R&U.