Does liability insurance pay pain and suffering damages?
In short
Yes. Liability insurance pays pain and suffering damages (Schmerzensgeld) when you injure another person and are liable for it. Under section 253 of the German Civil Code they are part of the damages for injury to body and health. They are covered up to the policy limit; good tariffs have EUR 10 to 50 million. For your own injuries your liability insurance pays nothing.
Guide values from published premium ranges for personal liability insurance.
Example
Typical range
Personal liability, single, good tariff
about EUR 40 to 120 a year
Personal liability, family or couple
about EUR 60 to 180 a year
Usual cover of new tariffs
EUR 10, 20 or 50 million
Cover in older contracts
sometimes only EUR 1 or 3 million
Guide values as of May 2026 from publicly quoted premium ranges.
Courts set pain and suffering amounts case by case;
the examples in the text are guide values from advisory practice.
Worked example
Cyclist overlooks a pedestrian at a zebra crossing
The pedestrian breaks her wrist, has surgery and cannot work for six weeks. This is how the claim is made up.
Treatment and surgery
paid first by her health insurer, then recovered from the cyclist
Lost earnings
as far as not covered by continued pay
Pain and suffering
fair compensation, set by a court in a dispute
Responsible policy
the cyclist's personal liability insurance
The cyclist's liability insurer pays all justified items, including pain and suffering, up to the limit. The cyclist pays nothing himself unless he acted intentionally.
Why pain and suffering belongs to a liability claim
Injuring someone means more than paying the doctor's bill. Under section 253(2) of the German Civil Code (BGB), a person whose body or health is injured can also claim fair compensation in money for harm that is not financial. That is pain and suffering damages.
Under the model terms, personal liability insurance covers bodily injury, property damage and resulting financial loss for which you are liable under statutory liability rules. Pain and suffering is part of bodily injury and is therefore covered.
When liability insurance pays pain and suffering
The insurer only pays if you are actually liable. Usually that means you were careless: you knock over a pedestrian while cycling, a flowerpot falls from your balcony. Pure misfortune without fault creates no claim.
Children under seven are not liable under section 828 BGB, so there is usually no pain and suffering claim unless the parents breached their duty of supervision. If the injured person shares the blame, damages are reduced under section 254 BGB.
Case
Paid by your liability insurance?
You injure a pedestrian while cycling
yes, if you were careless
A guest falls over your known loose step
yes
Your five year old injures another child
only if supervision was breached
You injure yourself playing sport
no, that is for accident insurance
Your spouse in the same household is hurt
no, excluded in the model terms
Deliberate assault
no, intent is excluded
How much is paid
German law has no fixed table. It speaks of fair compensation, and courts set the amount case by case. Type and length of the injury, pain, operations, lasting effects and the degree of fault all count.
Minor bruises mean small amounts; lasting harm can make pain and suffering, lost earnings, care and pensions together reach six or seven figures. On top, health and pension insurers recover their costs from the person responsible under section 116 of the Social Code Book X. That is why high cover matters.
What the insurer does besides paying
Your liability insurer checks whether you are liable at all, rejects unjustified claims and pays justified ones. If it goes to court, the insurer runs the case and bears the costs. With pain and suffering, where the amount is negotiable, that is worth a lot.
Do not admit anything to the injured person or promise an amount. Under the model terms, an admission without the insurer's consent only binds it as far as the claim existed anyway. You can of course show sympathy.
Pain and suffering for yourself: not what liability cover is for
If you are injured, claim from the person who harmed you, in practice from their liability insurer. If they have none and cannot pay, the default cover (Forderungsausfalldeckung) in your own policy can help if it is included.
Accident insurance is there for your own accidents without anyone else at fault. It pays fixed amounts regardless of blame.
When you need nothing extra
There is no separate pain and suffering module in German personal liability insurance, and none is needed. Every policy covering bodily injury pays it. Just watch the limit: older contracts with EUR 1 or 3 million can quickly fall short after a serious injury.
Step by step
After an accident give first aid and exchange details.
Admit nothing and promise no amount.
Report the claim to your liability insurer at once, with photos and witnesses.
Forward all letters from the injured person or their lawyer unanswered to the insurer.
Check your cover limit and raise old contracts.
Checklist
Cover of at least EUR 10 million
Default cover for your own injuries
Family members named in the policy
Private accident insurance for own accidents considered
Claim report without admission
Common mistakes
Promising the injured person a payment on the spot
Living with an old contract with EUR 1 million cover
Expecting your own liability policy to pay for your own pain
Delaying the report until a lawyer's letter arrives
Questions and answers
Frequently asked
Does liability insurance pay pain and suffering if my dog bites someone?
Not through personal liability.
The model terms cover tame pets but exclude dogs and horses.
You need separate dog liability insurance, which then also pays pain and suffering.
Does my policy pay if I injure my own child?
No.
Claims of relatives living in your household or co-insured in your policy are excluded under the
model terms.
Does it pay if I was only slightly negligent?
Yes.
Slight and gross negligence are covered.
Only intent is excluded.
What if the damages exceed my cover?
You owe the rest yourself.
That is why cover of EUR 10 million or more is advisable.
Can my own policy pay me if the person who hurt me cannot pay?
Only through default cover, if included.
You need a court judgment or enforceable settlement,
and enforcement against that person must have failed.
