Facts
On March 1, 1979, K.A., the wife of V.A., was driving her husband's passenger car. On an icy forest road, the vehicle left the road and collided with trees. K.A. suffered severe head and brain injuries and will remain 80% permanently disabled.
K.A. sued the X. Insurance Corporation, her husband's liability insurer, for compensation for loss of earnings and a lifelong pension for the future disadvantages of her disability. The District Court of Solothurn-Lebern awarded her an amount for the past loss of earnings as well as an indexed pension. On appeal by both parties, the High Court of the Canton of Solothurn confirmed the basic liability, but reduced the compensation by 20% due to slight negligence and failure to wear a seatbelt.
The X. Insurance Corporation has filed a federal appeal against the judgment of the High Court.
Considerations
The Federal Court rejects the defendant's objection that K.A. was a co-holder of the accident vehicle. According to the binding findings of the lower court, K.A. was neither the holder nor a co-holder of the vehicle.
The Federal Court confirms that the High Court rightly rejected the liability privilege of family members. The liability privilege stipulated in Art. 44 para. 1 APIA applies only in social insurance law and cannot be transferred to general tort law.
Furthermore…