Social Court Munich: No reimbursement for reading glasses in a handbag
If an eyeglass breaks on the way to work in an accident, it will be replaced by the statutory accident insurance if it has been worn on the nose for its purpose. If, on the other hand, reading glasses were carried in the handbag, the accident insurance does not have to pay for the costs, the Munich Social Court ruled in a judgment published on Thursday, May 18, 2017 (file number: S 23 U 667/15).
A woman failed in court because the statutory accident insurance company wanted to replace the cost of damaged reading glasses. The woman fell on her way to work on August 3, 2015, and injured her shoulder and left knee. When she fell, she fell on her handbag. The reading glasses and glasses case contained therein were destroyed.
Since it is an aid, statutory accident insurance must pay for the cost of new reading glasses. Specifically, it was about 500 euros.
But the accident insurance provider declined. The prerequisite for restoring or renewing a damaged aid is that it has been used on the body “as intended” during the accident. Simply carrying it in your handbag is not sufficient.
The social court dismissed the woman's suit with its judgment of January 11, 2017. If an aid is not worn on the body as intended, but rather carried by chance, it is not advisable according to the legal purpose to include it in the protection area of the statutory accident insurance, according to the Munich judges. It is therefore necessary for glasses "that they are worn on the body as intended at the time of the accident". The glasses must be required for the specific insured activity.
These conditions are not met here. The glasses were not necessary to cover the commute to work, nor were they worn directly on the body, but carried in the handbag. "It was therefore not destroyed as a result of an insured activity," said the social court. fle / mwo