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Can the nanny take my children in the car? What if something happens?
famPlus in conversation with labor law expert Manuela Obert. Manuela Obert has her own law firm in Kirchseeon near Munich. She is a mother of two children and works full-time. Additionally, she is responsible for labor law issues within the framework of initial legal consultation for fellow women at the Association of Working Mothers e.V. (VBM). Therefore, she knows the legal aspects of childcare not only as a lawyer but also from her own experience very well.
Mrs. Obert, what should I be aware of when the nanny drives my children somewhere by car?
Manuela Obert: Fundamentally, the question here is: Does the nanny use your car for this or her own? I recommend letting the nanny drive her own car. She knows it well. There are no issues with parking it. And if she causes an accident, it's at least clear that she is responsible for the damage to the car. However, she should definitely take out passenger insurance. This also applies if she is at fault for the accident. And it protects her in case of a compensation or pain and suffering lawsuit.
Where can the nanny take out passenger insurance?
Manuela Obert: Most car insurers offer passenger insurance.
How do you best account for car trips?
Manuela Obert: I would compensate short distances on a flat rate monthly basis. Alternatively, I would pay for a tank of gas for the nanny every three months. Make a verbal agreement with your nanny regarding this.
What to do if the nanny doesn't have her own car?
Manuela Obert: If the nanny uses your car for trips with the children, you need to remember: If the nanny causes the accident, your car liability insurance only covers damage to the other party's car. Unless you take out comprehensive coverage. This also covers damage to your own vehicle. Depending on how the accident happened, if the nanny acted with gross negligence, for example, by talking on the phone while driving, you can of course make counterclaims against the nanny.
Does the childminder's liability insurance apply in this case?
Manuela Obert: The nanny's car liability insurance only covers damages caused by the insured vehicle – so no.
What if the children are harmed in an accident?
Manuela Obert: If the nanny drives with her own car and has passenger insurance, it covers this. Without passenger insurance, the nanny is personally liable. This applies to hospital and treatment costs, as well as for compensation and claims for pain and suffering.
Can the nanny also take other people's children in the car?
Manuela Obert: If she has the parents' consent for these children, she can do so. Car rides can generally be very useful. Discuss all aspects of the trips with your nanny and don't leave anything to chance. It's also perfectly fine to give her clear instructions for the car rides, such as no phone calls, no loud music, no taking strangers or her own family members along, strictly adhering to traffic regulations, including speed limits. You might consider making the necessary trips together with your nanny at the beginning and sitting in the passenger seat. This way, you get a sense of how your nanny drives and she becomes familiar with the route.
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Law Firm Manuela Obert
www.kanzlei-Obert.de
Association of Working Mothers e.V. (VBM)
