Does private accident insurance pay pain and suffering damages in Germany?
In short
Not in the legal sense. Private accident insurance (Unfallversicherung) in Germany pays the sums agreed in your policy, mainly for permanent disability, whoever was at fault. Pain and suffering damages (Schmerzensgeld) are owed by the person who caused the accident, in practice their liability insurer. Some tariffs do offer an add-on called Schmerzensgeld: a fixed EUR 500 to 5,000 for a fracture or torn ligament.
Basic cover, manual trade, same sum and progression
about EUR 120 to 260 a year
Disability benefit at 50 percent, basic sum EUR 100,000, progression 225 percent
EUR 112,500 as a lump sum
Guide values as of October 2026.
Add-on amounts come from published product documents,
premiums from publicly quoted tariff examples.
The add-on price of about EUR 10 to 40 a year and the figures in the worked example are guide
values from quoting practice.
We obtain the exact quote for you.
Worked example
Cyclist hit by a car, broken shoulder
The driver ignored your right of way. The shoulder heals, but some movement is lost for good. The doctor certifies permanent damage of one seventh of the arm value.
Basic sum in your own policy
EUR 100,000
Arm value in the standard limb schedule
70 percent
One seventh of that as disability degree
10 percent, so EUR 10,000
Schmerzensgeld add-on for a fracture
EUR 500, if included
Schmerzensgeld from the driver
on top, via their motor liability insurer, amount set case by case
Your own policy pays EUR 10,500, whatever the outcome on fault. You claim Schmerzensgeld separately from the driver. Progression does not apply here because it only starts at higher disability degrees.
Why accident insurance does not pay pain and suffering damages
In German law, Schmerzensgeld is compensation for pain and lost quality of life that another person owes you. Section 253 (2) of the Civil Code (BGB) ties it to someone being liable for injuring your body or health. If nobody is liable, there is no Schmerzensgeld.
Private accident insurance works differently. Under Section 178 (1) of the Insurance Contract Act (VVG), the insurer pays the benefits agreed in your policy when you have an accident. Fault does not matter. The main benefit is a lump sum for permanent disability. Pain that heals completely usually brings nothing from the basic cover.
The add-on that is called Schmerzensgeld
Some German tariffs sell an extra under the name Schmerzensgeld. It is not legal pain and suffering damages but a fixed amount paid for certain injuries, typically fractures and torn ligaments, even if nothing permanent remains.
Amounts vary a lot. One tariff pays EUR 500 for a fracture or torn ligament and EUR 1,000 for an open fracture, whether treated as an outpatient or in hospital. Another lets you choose the sum, up to EUR 5,000. Check which injuries are listed before you rely on it.
Benefit
When it pays
Who pays
Schmerzensgeld under Section 253 BGB
when another person is liable for the accident
the person at fault, usually their liability insurer
Disability benefit
for permanent damage according to the limb schedule
your private accident insurance
Schmerzensgeld add-on
for a fracture or torn ligament, depending on the tariff
your private accident insurance, if included
Treatment costs
after any accident
your health insurance
If someone else is at fault, use both routes
If a driver hits you, you claim Schmerzensgeld from the driver, in practice from their motor liability insurer. Your own accident insurance pays the agreed sums on top. Report the accident to both.
The transfer of claims to an insurer under Section 86 VVG sits in the chapter on indemnity insurance and applies to the extent that an insurer compensates a loss. Accident insurance pays agreed sums rather than compensating a loss. Your claim for Schmerzensgeld therefore stays with you.
When the add-on is worth it and when it is not
The add-on pays small amounts for common injuries. If you play a lot of sport or want a buffer for taxis, household help and co-payments after a fracture, it can be useful.
For a serious accident it hardly matters. A fracture that heals fully rarely hurts you financially. Permanent damage does, and that is what a high basic sum with progression covers. On a tight budget, put the money into the basic sum first.
Step by step
Report the accident to your accident insurer straight away, even if someone else is at fault.
If another person is involved, note names, number plates and witnesses and call the police.
Claim Schmerzensgeld in writing from the person at fault or their liability insurer.
Have every injury and treatment documented by a doctor.
Have any permanent damage certified and reported within the deadline in your policy terms.
Checklist
Basic sum based on your income, at least EUR 100,000
Progression included so serious damage pays more
Schmerzensgeld add-on only if you really want small sums for fractures
Add-on lists fracture, torn ligament and open fracture
Deadlines for certifying and reporting disability in your calendar
Claim against the person at fault made separately
Common mistakes
Expecting Schmerzensgeld from your own accident insurer and not claiming against the person at fault
Buying the Schmerzensgeld add-on and cutting the basic sum to pay for it
Not reporting an accident caused by someone else to your own accident insurer
Assuming there is pain and suffering compensation after a fall you caused yourself
Questions and answers
Frequently asked
Does accident insurance pay if the accident was my fault?
Yes.
Private accident insurance does not ask about fault, it pays the agreed benefits.
Nobody owes you Schmerzensgeld for an accident you caused yourself.
Can I get Schmerzensgeld and accident insurance benefits together?
Yes, if someone else is liable.
Schmerzensgeld comes from the person at fault, accident insurance pays from your own policy.
Both claims exist side by side.
What does accident insurance pay for a broken bone?
If the fracture heals fully, the basic cover usually pays nothing.
With a fracture or Schmerzensgeld add-on you get a fixed sum,
documented amounts range from EUR 500 to an optional EUR 5,000.
Who pays Schmerzensgeld after a road accident in Germany?
The motor liability insurer of the vehicle that caused the accident.
You can contact that insurer directly.
Is the Schmerzensgeld add-on the same as damages from a court?
No.
The add-on is a fixed sum from your own contract.
Legal Schmerzensgeld is set case by case and is only owed by someone liable for the accident.
Will my accident insurer take money back from the person at fault?
Not under Section 86 VVG, because that transfer only applies to the extent an insurer compensates
a loss.
Accident insurance pays agreed sums, so your Schmerzensgeld claim stays with you.
