Austrian OGH: Claim Denied—Limitation Period Expired after Accident

Jan 22, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident.

The claimant had sought compensation from the defendants arising from a road traffic accident in 2016.

The limitation period begins upon discovery of the primary damage

According to Section 1489 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB), a claim for damages must be made within three years from the time the claimant becomes aware of both the loss and the identity of the party responsible.

Although the short limitation period technically begins before an actual legal right is violated, established case law clarifies that it also starts once the injured party becomes aware of the violation—even if they do not yet know the full extent of the damage. This principle holds true even if the injured party is unaware of all consequences of the harm or those effects have not completely developed.

The issue of foreseeable damage

Once the primary damage is discovered, the limitation period begins for any other future damages that could reasonably be anticipated. According to case law, damage is deemed unforeseeable if it differs in nature from the original harm and stems from new causes that were not identified before.

Consequential damages are generally not deemed foreseeable when they arise from the same event as the primary damage. The assessment of whether subsequent damages are foreseeable depends on the distinct facts and conditions presented in each case.

Foreseeable damage at the time of the accident

The court of appeal’s finding that damages for pain and suffering, care needs, and lost earnings were foreseeable and thus time-barred as of the 2021 demand letter is not supported given the plaintiff's significant physical and psychological distress.

OGH 2 Ob 145/25z