Serious Coach Accident in the Engadin: Who Is Liable for the Consequences?
11th of September 2026
On Thursday, 10 September 2026, a serious coach accident occurred between Zernez and Susch. A coach registered in the Netherlands left the road in the area of a construction site and overturned. According to the Graubünden Cantonal Police, five people were killed, three were seriously injured, seven sustained moderate injuries and thirty suffered minor injuries. The cause of the accident is currently still under investigation.
In addition to the human suffering involved, an accident of this kind quickly gives rise to complex legal questions. The situation is particularly challenging because, although the accident occurred in Switzerland, the coach was registered in the Netherlands and the passengers appear to have been predominantly travellers from the Netherlands. The law applicable to the individual claims must therefore be determined on a case-by-case basis (see, inter alia, BGE 135 III 92). Special rules also apply to the handling of motor vehicle liability claims involving foreign vehicles.
Where Swiss law applies, injured parties generally benefit from the extensive strict liability of the vehicle owner under Article 58 of the Swiss Road Traffic Act (SVG). In particular, liability does not require proof that the driver was at fault for the accident. Injured persons may, among other things, claim compensation for medical treatment, assistance and care costs, loss of earnings and any loss resulting from permanent disability, as well as compensation for pain and suffering. In the event of death, surviving dependants may in particular be entitled to compensation for loss of financial support as well as compensation for emotional distress.
In addition to claims against the owner of the coach and its liability insurer, contractual claims against the tour operator may also arise. If the coach journey was booked as part of a package holiday, the tour operator may, in principle, also be liable for breaches of duty by service providers engaged by it, such as the transport company operating the coach. Where such a breach has occurred, claims arising from the travel contract may therefore exist alongside claims based on road traffic liability. Which package travel legislation applies and against whom the claims should specifically be brought depends in particular on the travel contract, the place of establishment of the tour operator and the travellers’ place of residence. Further information is available at the following link.
For those affected, it is therefore crucial to establish at an early stage which companies and insurers may be liable for the losses suffered and in which country it is most appropriate to pursue the relevant claims.
Particularly in the case of serious accidents with an international dimension, it is advisable to clarify the applicable liability and insurance arrangements at an early stage.