Facts
The Suva, the Federal Invalidity Insurance (IV) and the Swiss Old-Age and Survivors' Insurance (AHV) asserted recourse claims against [A. AG] , the liability insurer of the wrongdoer, for benefits they had provided to the injured party. The injured party had suffered various injuries in an accident caused by the wrongdoer's negligent behavior. The plaintiffs alleged that the wrongdoer had been driving at an excessive speed and that this was the cause of the accident.
The Commercial Court of the Canton of Zurich dismissed the complaint, as it was of the opinion that the plaintiffs had not sufficiently substantiated their claims. In particular, the court found that the incapacity for work and the compensation for non-material damage had not been sufficiently proven.
The plaintiffs appealed and argued that they had sufficiently substantiated their claims and that the lower court had overstretched the substantiation requirements.
Considerations
The Federal Supreme Court overturned the judgment of the Commercial Court and referred the case back to the Commercial Court for reassessment. It concluded that the lower court had overstretched the substantiation requirements by demanding that the plaintiffs provide more detailed substantiation of the incapacity for work and the compensation for non-material damage, even though the defendant had not sufficiently contested these claims.
The Federal Supreme Court emphasized that the substantiation requirements must not be overstretched and that the plaintiffs had sufficiently substantiated their claims. It pointed out that the lower court must apply the…