Can I still take out insurance after the damage has happened?
In short
Can I still take out insurance after the damage has happened? Yes, but it will not pay for that damage. If you know the insured event has already happened when you sign, the insurer owes nothing for it (§ 2 (2) VVG, German Insurance Contract Act). The new policy covers future losses, often only after a waiting period, usually three months in legal expenses insurance.
What taking out insurance after a loss still achieves, shown through waiting periods and figures. Amounts are examples.
Example
Typical range
Liability taken out after a loss, old damage 2,000 euros
0 euros paid for the old damage
Legal expenses, contract dispute starts in month 2
0 euros paid, waiting period 3 months
Dental supplement with waiting period
at most 8 months until full cover
Supplementary health, general waiting period
at most 3 months
Waiting periods under § 197 VVG and the GDV model terms for legal expenses insurance;
some tariffs waive them.
Damage amounts are guide values from day to day practice, as of October 2026.
Worked example
Dispute with the landlord, then legal expenses cover
Mr L. receives a rent increase in February that he thinks is wrong and takes out legal expenses insurance in March.
Dispute starts
February, before the policy starts
Policy starts
1 March
Paid for the rent dispute
0 euros
Cover for new tenancy disputes
from 1 June, after three months' wait
Mr L. pays for the current dispute himself. The policy only helps with future disputes.
Why the damage that has happened cannot be insured any more
Insurance covers risks, events that are still uncertain. Once the damage has happened, there is no risk left. German law does allow backdated cover where protection starts before the contract is signed (§ 2 (1) VVG). But if you knew the insured event had already happened, the insurer does not have to pay for it (§ 2 (2) VVG).
Anyone who hides a known loss and later reports it as new risks not only rejection but also a criminal complaint for fraud. It is never worth it.
Waiting periods after you take out insurance
In some lines full cover only starts after a waiting period (Wartezeit). The German model terms for legal expenses insurance provide for three months, with exceptions for damages claims and criminal proceedings, among others. A dispute that starts in the first three months is then not covered.
In supplementary health insurance, waiting periods may not exceed three months, and eight months for dental treatment, dentures, orthodontics and psychotherapy (§ 197 (1) VVG). Many tariffs waive them. Treatment that is already planned or ongoing, however, is often excluded by the terms; that depends on the policy wording.
Type of insurance
What applies after a loss
Liability, contents, buildings
no waiting period usual, but no cover for the known loss
Legal expenses
usually three months' wait, known dispute stays excluded
Dental supplement
wait of up to eight months possible, ongoing treatment often excluded
Motor own damage (Kasko)
damage before the start not covered, disclose earlier damage if asked
Disability, life
health questions; a known illness can lead to an exclusion or a surcharge
Disclosing the damage in the application
If the application asks about previous losses, illnesses or ongoing disputes, you must answer truthfully (§ 19 (1) VVG). If you keep quiet about the damage that has just happened, the insurer can, depending on your fault, withdraw, cancel or change the terms afterwards.
Honest disclosure is often no obstacle: the contract is concluded, and only the known damage or illness is excluded. A broker can first make an anonymous enquiry with several insurers to see who accepts you and on what terms.
What you can do instead
First check whether an existing policy already pays. For water damage your landlord's buildings insurance may be responsible, for an accident the other party's liability insurance, for a damaged rental car possibly cover linked to your credit card. A family policy through a partner or parents may also apply.
Then close the gap for the future. At NAMMERT, Norman Nammert acts as an insurance broker and compares insurers; the insurer pays his commission. For damage that has already happened, though, no broker can still obtain cover.
Step by step
Check whether an existing policy or the person who caused the damage pays.
Report the loss there on time.
Close the gap for the future and note any waiting periods.
Answer questions on earlier losses truthfully.
For health questions, let a broker make an anonymous enquiry first.
Checklist
Existing policies checked for cover
Person responsible and their liability insurer identified
New policy with known waiting periods
Earlier loss disclosed in the application
Clear expectation: the old damage stays uncovered
Common mistakes
Reporting a known loss as new after signing
Leaving out earlier losses because the question seemed unclear
Taking out legal expenses insurance only once the dispute has begun
Forgetting that an existing policy might already pay
Questions and answers
Frequently asked
Can I take out car insurance after an accident?
For future driving, yes.
Without liability cover the car may not be driven,
and the accident before the start stays uncovered.
Will a dental supplement pay for a crown already planned?
Usually not.
Many terms exclude recommended or ongoing treatment.
Read the tariff carefully.
Is there insurance without a waiting period?
Yes, liability, contents and buildings insurance usually have none,
and some supplementary tariffs waive them too.
What is backdated cover?
A contract whose cover starts before signing.
It only helps if you knew nothing of a loss when you signed.
