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Can my insurer make me pay if my HU is overdue?

In short

Not just because the HU is overdue. Your insurer can only make you pay if you knew about a defect, kept driving and exactly this defect caused the accident. Even then, the liability insurer can claim back at most EUR 5,000 from you. If someone else hits your car, you keep your claims, including a rental car, despite the overdue inspection.

Can my insurer make me pay if my HU is overdue?

What it costs

Fines, inspection costs and the legal cap on claims back, from trade press, statute and model terms.

ExampleTypical range
HU more than 2 months overdueEUR 15
HU 4 to 8 months overdueEUR 25
HU more than 8 months overdueEUR 60 and 1 point
Surcharge for the extended HU after 2 monthsabout 20 percent
Re-inspection after defectsaround EUR 25 to 40
Claim back by the liability insurer for increased riskat most EUR 5,000

As of November 2026.

The damage amounts in the example are a guide value from our quoting practice.

We are happy to check how your comprehensive policy handles gross negligence.

Worked example

HU five months overdue, the garage had warned about the brakes

During a tyre change the garage noted worn brakes in writing. You drive to work every day for another six weeks and then rear-end a car because of the long braking distance.

Damage to the car in frontabout EUR 7,000
Paid by your liability insurer to the victimabout EUR 7,000
Claimed back from youat most EUR 5,000
Fine for the overdue HUEUR 25
Same accident without a known defectnothing claimed back

With a known defect that caused the accident you pay up to EUR 5,000 yourself. Without knowledge of the defect the insurer pays as normal and only the fine remains. Calculation with guide values.

The deadline does not count, the condition of the car does

The general inspection (Hauptuntersuchung, HU), often simply called TÜV, is a duty towards the authorities. Your policy contains no obligation to keep the date. The insurer can only rely on an increase in risk: you drive a car that is no longer roadworthy, for example with bald tyres or worn brakes.

Case law sets a high bar. A defect alone is not enough. The insurer must show that you knew about it and still used the car repeatedly. That you could have noticed it does not suffice. If the defect did not cause the accident, you keep full cover.

Condition for making you payWhat it means in practice
The car was unsafea specific defect, not just the expired sticker
You knew about the defectfor example a written warning from the garage or a warning light
You kept drivinga single trip to the garage is usually not enough
The defect caused the accidentbald tyres on a wet road yes, another driver rear-ending you no
Cap in liability coverat most EUR 5,000 claimed back from you

If you are the victim

If someone crashes into your car while your HU is overdue, their liability insurer still has to pay. On 3 December 2024 the Federal Court of Justice ruled that rental car costs cannot be refused just because the inspection was more than six months overdue (case VI ZR 117/24).

The reason: driving a roadworthy car with an expired sticker is only unlawful once an authority has prohibited or restricted its use. The possible fine is not enough.

Fines and a pricier inspection

Up to two months past the deadline there is no fine. After that it gets more expensive step by step, and after eight months you also get a point in the central traffic register in Flensburg. Stricter rates apply to taxis and vehicles with a safety check.

More than two months late, an extended inspection is due that costs about 20 percent more. New cars need their first HU after three years, then every two years.

When you do not need to worry

If you simply forgot the date and the car is maintained, the overdue inspection changes nothing about your cover. Hail, storm, theft or a collision with an animal have nothing to do with the sticker either.

Be careful if a garage has told you about defects. Then you demonstrably know about them, and every further trip until the repair can count against you after an accident.

Step by step

  1. Read the month at the top of the sticker on the rear number plate.
  2. Book an appointment with an inspection body or a garage with an inspection service.
  3. Have known defects repaired first and do not keep driving with them.
  4. Keep invoices and inspection reports, they prove the condition after an accident.
  5. Check whether your comprehensive policy waives the objection of gross negligence.

Checklist

  • HU date in your calendar with a reminder two months ahead
  • Tyre tread, brakes and lights in order
  • No open defect warning from the garage
  • Maintenance records at hand
  • Inspection report ready for an upcoming re-registration

Common mistakes

  • Carrying on driving after a garage has warned about defects
  • Assuming the policy is suspended without a valid sticker
  • Giving up a rental car or loss of use as the victim because your own HU was overdue
  • Putting off the inspection until the extended HU surcharge applies

Questions and answers

Frequently asked

Am I insured if my HU is only a few weeks overdue?

Yes.

What counts for the insurer is not the deadline but whether a known defect caused the accident.

Up to two months there is no fine either.

Can I still drive with an overdue HU?

Yes, as long as the car is roadworthy and the authority has not prohibited its use.

After two months a fine applies.

Can the liability insurer claim back more than EUR 5,000?

Not for an increased risk, the cap is set in the compulsory insurance regulation.

It does not apply to a thief.

Does comprehensive cover pay if the HU was overdue?

Yes, if the accident has nothing to do with a known defect.

Otherwise the insurer can reduce payment according to the degree of fault.

Do I get a rental car as the victim even though my HU has expired?

Yes, the Federal Court of Justice confirmed this in 2024.

The expired sticker alone is no reason to refuse the costs.

Will my no-claims class drop after an accident with an overdue HU?

If you caused the accident, yes, as with any liability claim.

The sticker does not change that.

Sources

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