Insurance broker / Insurance questions / Personal liability

Does liability insurance pay if I cause damage on purpose in Germany?

In short

No. If you cause damage on purpose in Germany, personal liability insurance (Privathaftpflicht) does not pay, as § 103 of the Insurance Contract Act (VVG) states. You then pay yourself, and a phone smashed in an argument quickly costs EUR 500 or more. Gross negligence remains insured. And the intent must cover the damage itself: a deliberate act alone is not enough for the insurer.

Request a quote +49 3375 29 12 77

Does liability insurance pay if I cause damage on purpose in Germany?

What it costs

What a modern German personal liability policy costs that covers everything except intent, based on figures published in 2026:

Example	Typical range
Single person	about EUR 40 to 120 a year
Couple or family	about EUR 60 to 180 a year
Family tariff rated very good in a consumer test	from about EUR 48 a year, some under EUR 70
Contents insurance for your own things, 65 square metres	about EUR 70 to 140 a year

Guide values as of October 2026 from published tariff examples.

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

Your premium depends on cover and deductible; we obtain the exact quote.

Worked example

Throwing an acquaintance's phone on the floor in an argument

The same damage twice: once in anger, once by accident. The outcome could not be more different.

Current value of the two-year-old smartphone	about EUR 500 to 700
Phone thrown on the floor in anger	insurer pays EUR 0
Phone slipped out of your hand while looking at it	insurer pays the current value, less any agreed deductible
Your own cost in the anger case	about EUR 500 to 700

If you act on purpose, you pay the whole damage yourself. If it was an accident, the liability insurer pays, even if you were careless.

What German law says

§ 103 VVG is short: the insurer does not have to pay if the policyholder caused the third party's damage intentionally and unlawfully. Intent (Vorsatz) means you know what will happen and want it, or at least accept it.

Nothing else is excluded by the law. Simple and gross negligence are covered by personal liability insurance, even if you were very careless. That is exactly what the policy is for.

What you did	Does liability insurance pay?
A moment of inattention, knocked over a glass	yes
Very careless, for example a candle left burning	yes
Thought the damage possible and accepted it	no
Caused the damage deliberately	no
Deliberate act, but damage not intended	yes, unless the insurer proves intent for the damage

Where intent begins

The intent must relate to the damage itself, not just to the act. The Regional Court of Nuremberg-Fürth put it this way on 28 November 2024 (8 O 3229/24): the person must have thought the specific injury conceivable and wanted it, and accepting it is enough. A man had injured two people with a beer glass at a fair at night and had been convicted in criminal proceedings. His liability insurer still had to cover the personal injury claims because it could not prove intent. The court also took his drinking into account.

The Higher Regional Court of Karlsruhe ruled differently on 27 September 2012 (9 U 162/11): a very rough foul in football is not intent on its own. But the player had threatened beforehand to break his opponent's legs. Together with the course of events, the court saw intent and the insurer did not have to pay.

If a co-insured family member acts on purpose

Family policies cover partners and children. Under the model terms of the German insurance association GDV (A1-2.3), an exclusion for one person normally applies to everyone on the policy. For intent it is expressly different: under A1-7.1 only the people who caused the damage intentionally lose cover.

Children under seven are not responsible for damage at all under § 828(1) of the Civil Code (BGB). Whether older minors are liable depends on their understanding, § 828(3) BGB.

What it means for the person harmed

Unlike in some countries, the injured party cannot claim directly from a personal liability insurer in Germany. Under § 115 VVG a direct claim exists only for compulsory insurance such as motor liability. If the insurer refuses because of intent, the injured party has to pursue the person who caused the damage, based on § 823 BGB.

For health damage caused by an intentional, unlawful physical attack, social compensation under § 13 of Social Code XIV (SGB XIV) has applied since 1 January 2024. It is not meant for damage to property.

Your own things damaged on purpose

Contents or car insurance does not pay either if you cause the loss intentionally, § 81(1) VVG. For gross negligence the insurer may reduce the payment according to the degree of fault, § 81(2) VVG. Good contents policies waive this reduction fully or up to a limit, which is stated in the terms.

When you do not need anything extra

There is no add-on or tariff that covers damage caused on purpose, so do not pay for anything that suggests otherwise. What matters is that your policy covers gross negligence without restrictions, includes damage caused by children under seven and has a high enough sum insured. If you are used to policies from home, check the German terms: the exclusions are usually listed under Ausschlüsse.

Step by step

Report the incident to your insurer, even if someone accuses you of acting on purpose.
Describe what happened factually and fully, without guessing about your own intentions.
Do not admit fault to the injured party and do not promise payment.
If the insurer refuses because of intent, ask for the reasons in writing: it has to prove intent.
Get legal advice before paying a large claim yourself.

Checklist

Gross negligence covered without restrictions
Damage caused by children under seven included
Sum insured of at least EUR 10 million
Contents policy without reduction for gross negligence
Incident reported even when intent is alleged

Common mistakes

Saying in anger that you did it on purpose when that is not true
Confusing gross negligence with intent and not reporting the damage
Assuming a criminal conviction automatically ends your cover
As the injured party, writing only to the insurer instead of the person responsible

Questions and answers

Frequently asked

Does liability insurance pay for gross negligence?

Yes.

§ 103 VVG only excludes intent.

Even very careless behaviour remains covered.

What is conditional intent?

You think the damage is possible and accept it.

That is enough for the exclusion.

Hoping that nothing will happen is negligence, not intent.

Who has to prove intent?

The insurer.

If it cannot show that you wanted the damage or accepted it, it has to pay.

Does the insurer pay after a fight?

Not if it proves intent for the injury.

In the Nuremberg-Fürth case the insurer had to provide cover despite an injury with a beer glass

because the proof failed.

What if my child breaks something on purpose?

A child under seven is not responsible under § 828 BGB.

For older children, under the model terms only the child loses cover,

while your own cover as a parent can remain.

Does the injured party get nothing then?

They can sue the person responsible.

For health damage from a violent attack, social compensation under SGB XIV may apply.

Is there insurance that covers intent?

No.

Neither liability, contents nor car insurance pays for damage caused on purpose.

Sources

NAMMERT insurance broker

Request a quote: Personal liability

We compare insurers and come back to you, in English.

Free; the insurer pays our fee.

1Who is it for?

Personal My company

2Which insurance?

Choose as many as you like. For each one, the details an insurer needs for a quote appear below.

Personal

Business

Please review all my existing policies

3Details

Personal liability insurance (Privathaftpflicht)

Who should be covered? *

Year of birth of the oldest person *

Do you work in the public sector?

Liability claims in the last five years *

What matters to you

For example work keys, a drone, a small boat, documents in English

4Your current policy

Current insurer Policy ends on What matters more to you?

5How can we reach you?

Name * Email * Phone Postcode Town Preferred contact Anything else we should know