A car driver suffers an accident. While he is still unconscious, blood is drawn from him. The blood sample later becomes the only piece of evidence proving the man's intoxication at the time of the accident, which the insurance company then attempts to use to evade liability. According to Austrian motor vehicle law, blood sampling is only permissible with the consent of the affected individual. However, if it is carried out on an unconscious person, it is clearly unlawful (see 7 Ob 12/91). Regarding the question of what consequences the unlawful acquisition of evidence by a party in civil proceedings entails—particularly whether the evidence is generally admissible or, following the opposing view, whether its admissibility is to be completely excluded, or if a mediating approach, for example, one that considers the severity of the legal violation, is preferable.