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Does contents insurance pay out for gross negligence in Germany?

In short

Yes, if your policy waives the gross negligence defence. Without that clause, section 81 of the German Insurance Contract Act lets the insurer cut the payout according to how serious the mistake was, often by 25 to 75 percent in court cases. Policies with full cover start at about EUR 61 a year for 100 square metres.

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Does contents insurance pay out for gross negligence in Germany?

What it costs

Published premiums for policies that include gross negligence or were rated on it.

Example	Typical range
100 square metres, low-cost area, good policy with full cover	from about EUR 61 a year
100 square metres, expensive area, similar cover	about EUR 61 to 105 a year
2 rooms, 65 square metres, sum insured about EUR 42,000	about EUR 70 to 140 a year
1 room, 35 square metres, sum insured about EUR 23,000	about EUR 50 to 90 a year

Guide values as of September 2026 from publicly quoted examples. The extra cost of full cover compared with a basic policy is often only a few euros a year (guide value from our quoting practice). Court ratios come from published rulings and apply only to the individual case.

Worked example

Kitchen fire after a forgotten pan of oil, loss of EUR 20,000

Same flat, same loss, three different policies. We assume a court would accept a 50 percent cut.

No waiver, 50 percent cut	EUR 10,000 paid
Waiver up to EUR 10,000, 50 percent cut above that	about EUR 15,000, less under some wordings
Waiver up to the full sum insured	EUR 20,000 paid

The gap between the weakest and the best policy is EUR 10,000 here. The difference in premium is often just a few euros a year.

What gross negligence means in everyday life

Gross negligence (grobe Fahrlässigkeit) means ignoring something any reasonable person would see as obviously dangerous. Typical cases: leaving a pan of oil on a hot hob while you pop to the shop, a candle burning in an empty room, or a ground floor window left tilted open while you are on holiday.

Simple negligence, such as knocking over a glass, is always covered in full. Where the line lies is decided by a court if you and the insurer disagree, which makes the outcome hard to predict.

Situation	How German courts have often ruled
Oil on the hob, left the flat	payout cut by about 30 to 50 percent
Hob left on at the highest setting	cut of up to about 75 percent
Washing machine running unattended without a water stop valve	cut of about 70 percent
Candle burning while you fell asleep	usually gross negligence, ratio depends on the case
Third floor window tilted open briefly	often only simple negligence, full payout

What the waiver clause changes

Many German policies include a waiver (Verzicht auf den Einwand der groben Fahrlässigkeit). The insurer then pays as if you had made only a minor slip. Consumer tests have treated this as a minimum requirement for years.

Check the amount. Some policies waive the defence only up to EUR 10,000, 20,000 or 25,000, which rarely covers a flat fire. A waiver up to the full sum insured is what you want.

Where the clause does not help

Intentional damage is never covered. Duties agreed in the policy, such as security measures or reporting a loss straight away and limiting it, still apply. Breaking them can reduce your payout regardless of the waiver.

Some clauses exclude specific cases, for example theft from unlocked rooms or bikes that were not locked. The German policy wording is what counts, so read those exceptions or ask us.

What is different if you come from abroad

In many countries a careless mistake at home is simply covered. In Germany the law allows a proportional cut, and older or very cheap policies may not include the waiver. Do not assume your cover works like the one you had before.

Damage you cause to other people falls under personal liability insurance (Privathaftpflicht), where gross negligence is covered by law and only intent is excluded. The question here is about your own belongings.

Step by step

Open your policy terms or product information sheet and search for grobe Fahrlässigkeit.
Check whether the waiver applies up to the full sum insured or only to a set amount.
Read the exceptions, for example for theft, bikes or security rules.
If the waiver is capped or missing, switch to a better policy or a higher tier.
After a loss, describe what happened honestly and ask for the reasons behind any cut.

Checklist

Waiver of the gross negligence defence is in the policy
Waiver applies up to the full sum insured
No exception for the cases that matter to you, such as your bike
Sum insured matches the cost of replacing your belongings new
Personal liability insurance in place for damage to others

Common mistakes

Trusting the tier name without reading the cap
Keeping an old policy written before waivers became common
Playing down details after a loss, which can cost the whole claim
Accepting a cut without asking how the ratio was worked out

Questions and answers

Frequently asked

What is the difference between simple and gross negligence?

Simple negligence is a short lapse that could happen to anyone. Gross negligence is ignoring an obvious danger, such as leaving candles burning in an empty room.

Can the insurer refuse to pay anything?

In rare, very serious cases the cut can go down to zero. In most rulings the ratio lies between 25 and 75 percent.

Is a tilted window gross negligence?

It depends on the floor and how long you were away. On the ground floor during a holiday usually yes, upstairs for a short time often not.

Does full cover cost much more?

Usually not. Many mid-tier policies include it, and the gap to a basic policy is often a few euros a year.

My policy documents are only in German. What should I do?

Search for grobe Fahrlässigkeit and Verzicht in the terms, or send them to us and we will tell you in English what applies.

My old policy has no waiver. What now?

Ask your insurer to move you to current terms or get new quotes with full cover. Only cancel once the new policy is in place.

Sources

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