Facts
In this case, the issue was the liability of the motor vehicle owner after a traffic accident. The appellant, [A.] , claimed to have sustained a concussion and a whiplash injury in the accident, which had led to permanent incapacity to work. The defendant insurance company [X.] Versicherungen AG acknowledged causing the accident but disputed the alleged injuries and their causal link to the accident.
The District Court partially upheld the claim and ordered the insurance company to pay loss of earnings and satisfaction. Both parties appealed against this judgment. The High Court ordered the insurance company to pay additional amounts for loss of earnings, but dismissed the rest of the claim. The appellant filed a civil law appeal against this High Court judgment and the decision of the Court of Cassation.
Considerations
The Federal Court examined the appellant's allegations in detail. It concluded that the lower courts had essentially proceeded correctly in calculating the loss of earnings and had not violated federal law or constitutional law.
Only with regard to the date on which the past loss of earnings was to be calculated, the Federal Court considered the approach of the lower courts to be erroneous. The High Court should have calculated the loss of earnings as of the date of the High Court…