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Does car insurance pay after drink driving in Germany?

In short

Motor liability insurance always pays the victim in full. But it can claim up to EUR 5,000 back from you as the drunk driver, up to EUR 10,000 if you also left the scene. For your own car, comprehensive cover usually pays nothing from 1.1 per mille, and below that it often cuts 50 to 100 percent.

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Does car insurance pay after drink driving in Germany?

What it costs

What an accident under the influence can cost you personally, based on published figures, 2026.

Example	Typical range
Recovery by motor liability for alcohol	up to EUR 5,000
Recovery for alcohol and hit and run	up to EUR 10,000
Cut in comprehensive cover at 0.3 to 1.09 per mille	usually 50 to 100 percent
Cut in comprehensive cover from 1.1 per mille	as a rule 100 percent
Fine from 0.5 per mille, first to third time	EUR 500 to 1,500

Figures from published guides and court decision overviews, September 2026. Cut rates are individual court decisions. The extra premium from the downgrade in the worked example is a guide value from our quoting practice.

Worked example

Rear end collision at 0.8 per mille, mid size car with comprehensive cover

After a party a driver with 0.8 per mille runs into the car ahead at a traffic light. The police note a delayed reaction. Damage to the other car EUR 9,000, to his own EUR 7,000.

Liability pays the other party	EUR 9,000
Recovery from the driver	up to EUR 5,000
Comprehensive cover with a 75 percent cut	pays EUR 1,750, the driver carries EUR 5,250
Fine or penalty	from EUR 500, here more likely criminal proceedings
Extra premium from the downgrade over three years	about EUR 800 to 1,500

Out of your own pocket this quickly adds up to EUR 11,000 or more, although both insurances were in place.

Liability pays, but not for you

Motor liability insurance is compulsory to protect victims. It therefore pays property damage, medical costs and compensation for pain (Schmerzensgeld) of the other party, however much you had to drink.

Because driving under the influence breaches your duties under the policy terms, the insurer may then claim part of the money back from you. This is called recourse (Regress) and is capped at EUR 5,000. If a second breach is added, such as leaving the scene of the accident, it can reach EUR 10,000. The condition is that alcohol actually caused the accident.

Comprehensive cover cuts by blood alcohol

German courts treat drink driving as gross negligence. Comprehensive cover (Vollkasko) may then cut its payment according to the degree of fault, with alcohol often down to zero.

The clause that covers gross negligence usually does not help here: many policies exclude alcohol and drugs from it explicitly. Read your terms carefully before you rely on it.

Blood alcohol	Legal view	Effect on comprehensive cover
below 0.3 per mille	usually fit to drive	full payment, unless there is a typical alcohol related driving error
0.3 to 1.09 per mille	relatively unfit to drive if there are signs of impairment	usually cut by 50 to 100 percent, case by case
from 1.1 per mille	absolutely unfit to drive, a criminal offence	as a rule no payment
New drivers and under 21	0.0 per mille applies	cut possible if alcohol played a part

German limits may be stricter than at home

The general limit in Germany is 0.5 per mille, but from 0.3 per mille you can already be punished if you show signs of impairment or cause an accident. Drivers under 21 and anyone still in the probation period for new drivers (Probezeit) must not drink at all. If you come from a country with a higher limit, do not rely on what you are used to.

Measurements are given in per mille of blood alcohol. As a rough guide, 0.5 per mille corresponds to 0.25 milligrams per litre of breath. Breath tests at the roadside are often followed by a blood test.

What else hits you

On top of the insurance consequences come fines or criminal charges. From 0.5 per mille the first offence costs EUR 500, two points and a one month driving ban, the second EUR 1,000 and three months. From 1.1 per mille, or from 0.3 per mille with impairment and an accident, it is a criminal offence, usually with loss of the licence. From 1.6 per mille a medical and psychological assessment (MPU) is ordered before you may drive again.

A driving ban or loss of licence in Germany applies to driving in Germany, also with a foreign licence. Your no-claims class is downgraded as with any liability claim, so the higher premium of the next years comes on top of the recovery.

Passengers, owners and others involved

If you get into a car with a visibly drunk driver, your own damage is usually only partly compensated, because you share the blame.

If you lent your car to someone you knew had been drinking, the insurer can also claim recourse from you as the owner. If you did not know, only the driver is affected.

What no insurance covers

No policy fully covers drink driving, and that is intended. Many private accident insurance terms also exclude accidents caused by drunkenness, often below 1.1 per mille.

Traffic legal expenses insurance (Verkehrsrechtsschutz) usually pays lawyer costs in criminal proceedings only while you are accused of negligence. If you are convicted of intent, it reclaims the costs.

Step by step

Secure the scene, help the injured and call the police, even if you have been drinking.
Do not drive off: leaving the scene doubles the possible recovery.
Say nothing about alcohol on the spot and contact a lawyer.
Report the claim to your insurer in time, a late report is another breach of duty.
Have the recovery checked, especially whether alcohol really caused the accident.

Checklist

Claim reported within one week
Police reference number and blood test result
Terms on gross negligence read, alcohol exception noted
Amount of recovery checked against the EUR 5,000 cap
Traffic legal expenses insurer informed

Common mistakes

Driving off after the accident to avoid a blood test
Assuming the gross negligence clause also covers alcohol
Paying a recovery above EUR 5,000 without checking it
Believing nothing can happen below 0.5 per mille
Assuming the limit from your home country applies in Germany

Questions and answers

Frequently asked

Does liability pay the victim if I was drunk?

Yes, always and in full. The cut only hits you as the driver through the recovery.

Can the recovery be more than EUR 5,000?

Not for alcohol alone. With further breaches such as hit and run, up to EUR 10,000 is possible.

Does comprehensive cover pay at 0.4 per mille?

Usually yes, as long as no typical alcohol related error is proven. If alcohol contributed, it can cut, in some cases heavily.

Does partial cover pay after drinking?

For theft, hail or glass alcohol plays no role. Partial cover (Teilkasko) never pays for an accident you caused anyway.

What about cannabis?

For cannabis and other drugs the same consequences apply in liability and comprehensive cover. For THC there is a separate limit of 3.5 nanograms per millilitre of blood.

Does this also apply to e-scooters?

Yes. E-scooters are motor vehicles, the same alcohol limits and the same recovery of up to EUR 5,000 apply.

Do I have to tell my insurer about the alcohol?

You have to describe the claim truthfully. False statements are a separate breach and can cost you the cover entirely.

Sources

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