Pursuant to Section 12, Paragraph 1, No. 4 of the PflVG, the following applies:
“If personal injury or property damage is caused by the use of a motor vehicle or a trailer within the scope of this Act, the person who is entitled to compensation claims against the keeper, the owner or the driver of the vehicle on account of such damage may also assert such compensation claims against the ‘Compensation Fund for Damage Resulting from Motor Vehicle Accidents’ (Compensation Fund),
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4. if the insurance supervisory authority files an application for the opening of insolvency proceedings against the assets of the insurer liable to pay benefits or, if the insurer has its registered office in another member state of the European Union or a state party to the Agreement on the European Economic Area, a comparable measure is taken by the competent supervisory authority.”