Motorists or motorcyclists who have been proven to have participated in an illegal race can no longer get away with a black eye: since 2017, illegal car races have been considered a criminal offense and no longer an administrative offense.

This has significant consequences – even if nobody is harmed. In addition, the consequences of an illegal car race for car insurance in the event of an accident are often not taken into account.

What is the penalty for illegal car races/street races?

The law provides for severe penalties in the event of prohibited motor vehicle racing. Participants or organizers can be sentenced to imprisonment or they will pay a fine.

What other consequences does illegal car racing have?

Participants or organizers don’t just have to prepare for a criminal conviction. Additionally can:

• the suspect’s driver’s license will be provisionally withdrawn before the trial
• the driver’s license will be withdrawn
• a ban on issuing a new driving license can be ordered.
• in less severe cases, a driving ban for a period of one month to six months can be imposed
• the vehicle that was used in the forbidden car race is confiscated.

Those who have had their driver’s license withdrawn must also fear that they will have to go to a “medical psychological examination” if an application is made for a driver’s license to be re-issued.

As a participant in an illegal car race, doubts about the character suitability to drive a motor vehicle are regularly cited.

What are the insurance consequences of illegal car racing?

If accidents are caused by grossly negligent behavior, comprehensive insurers do not regularly have to pay. By definition, there is gross negligence if the road traffic rules are violated in a particular way, the required care is largely neglected or not observed.

In an illegal car race, gross negligence can often be assumed. The perpetrator of an illegal car race will “remain seated” on his damage.

Other uninvolved injured parties, for example, vehicles with which they collided and who did not take part in the illegal race receive compensation payments from the motor vehicle liability insurance of the race participant.

However, since the insured person responsible behaved “contrary to insurance” by participating in the race, liability will regularly try to take recourse against him. This means that the race participant has to repay the damage incurred up to certain maximum limits.