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Do I get less compensation after a bike accident without a helmet in Germany?

In short

As a rule, no. After an everyday bike accident in Germany you get full compensation without a helmet if the other person caused it. In 2014 the Federal Court of Justice (BGH) ruled that a missing helmet alone is no reason to cut your claim for contributory fault (VI ZR 281/13). You get less if you rode wrongly yourself. For sporty riding the question is still open.

Do I get less compensation after a bike accident without a helmet in Germany?

What it costs

What protection for your head and against the consequences of an accident costs, based on published tests and premium ranges.

ExampleTypical range
Adult bike helmet, test of 28 modelsabout EUR 25 to 200
Safe helmet according to the testtwo of the safest models cost under EUR 50
Private accident insurance, adultoften about EUR 5 to 15 a month, around EUR 60 to 180 a year
Solid accident cover according to Stiftung Warentestfrom around EUR 100 a year

As of November 2026.

Helmet prices from the Stiftung Warentest test 4/2024, premiums from publicly quoted ranges.

The amounts in the worked example are assumed, a guide value from our quoting practice.

We obtain the exact quote for you.

Worked example

Car door opens, cyclist without a helmet

A commuter rides to work without a helmet, a driver carelessly opens her door. The amounts are assumed for illustration.

Pain and sufferingEUR 20,000
Lost earningsEUR 5,000
Bike, clothes, phoneEUR 1,000
With a 20 percent cut as in SchleswigEUR 20,800
Under the BGH ruling, no cutEUR 26,000

The driver's motor liability insurer pays the full EUR 26,000. In everyday cycling the missing helmet costs the commuter no money, but in the worst case it costs her health.

What the Federal Court of Justice decided

In the case decided, a cyclist rode past a parked car in 2011 without a helmet. The driver opened her door right in front of her, the cyclist fell and suffered severe head injuries. The Higher Regional Court of Schleswig had held her 20 percent at fault, reasoning that a helmet would probably have reduced her injuries.

The Federal Court of Justice overturned this on 17.06.2014 (VI ZR 281/13). There is no legal helmet requirement. And at the time of the accident there was no general awareness among road users that you had to wear a helmet to protect yourself: according to counts by the Federal Highway Research Institute (BASt), only eleven percent of cyclists in towns wore one in 2011.

For you this means: if someone fails to give you right of way or opens a car door, their liability insurer pays compensation for pain and suffering (Schmerzensgeld), lost earnings and property damage in full, even if you wore no helmet.

SituationCut for not wearing a helmet?
Everyday ride, the other person is at faultno, basic rule of the BGH
Everyday ride, you contributedcut for your riding error, not for the helmet
Sporty riding, training, racesexpressly left open by the BGH
S-Pedelec up to 45 km/hhelmet required under § 21a (2) StVO
Fall on your own, nobody else involvedno question of compensation, only your own insurance

When you still get less

Contributory fault is governed by § 254 of the German Civil Code (BGB): if your own behaviour contributed to the damage, compensation is shared according to each side's part. That concerns how you ride, not head protection. If you ride through a red light, the wrong way or at night without lights, expect a reduced share, with or without a helmet.

The Federal Court of Justice expressly did not decide cases of sporty riding. If you train at high speed, do not rely on this ruling. The fact that more people wear a helmet today than in 2011 may also lead courts to judge differently in future. A helmet protects your head above all, not only your claim.

Who pays after the accident

If a car is involved, its motor liability insurance usually pays. If another cyclist or a pedestrian caused the accident, their personal liability insurance (Privathaftpflicht) pays, if they have one. You have to prove your claim: photos, witnesses, a police report and a doctor's report from the day of the accident.

Regardless of who was at fault, private accident insurance (private Unfallversicherung) pays if you are left with a lasting impairment. That helps especially after a fall on your own, where nobody is liable. On the way to work, statutory accident insurance also pays for treatment and rehabilitation.

What is different if you are new to Germany

Coming from a country with a helmet law, you might expect a German insurer to cut your claim. For everyday cycling that is not the legal position here. Claim letters will usually be in German; keep everything in writing and quote the case number VI ZR 281/13 if the helmet is used as an argument.

Note that German traffic rules apply to you from day one, including riding on the right, using cycle paths where signposted and having working lights. Breaking those rules is what leads to a reduced share.

When you do not need to worry

If you ride calmly in everyday traffic, follow the rules and someone else hits you, you need not fear a cut for not wearing a helmet. Do not let an insurer brush you off with the helmet argument.

With serious injuries, a lawyer specialising in traffic law is worth it. Ask your legal expenses insurer (Rechtsschutzversicherung) in advance whether it covers the costs.

Step by step

  1. Secure the scene, call 112 if anyone is hurt, call the police if a car is involved.
  2. Take photos and get witnesses and the other party's details.
  3. See a doctor the same day and have your injuries documented.
  4. Report the claim to the liability insurer of the person who caused it.
  5. If the insurer cuts the claim because of the helmet, refer to BGH VI ZR 281/13.
  6. With serious injuries, bring in a lawyer specialising in traffic law.

Checklist

  • Exact account of the accident, including whether you wore a helmet
  • Your own riding honestly checked: lights, traffic lights, direction
  • Doctor's report from the day of the accident
  • Private accident insurance checked for falls on your own
  • Always a suitable helmet on an S-Pedelec

Common mistakes

  • Simply accepting a cut for not wearing a helmet
  • Applying the ruling to training rides or races
  • Believing a helmet protects you from a reduced share when you ran a red light
  • Riding an S-Pedelec without a helmet

Questions and answers

Frequently asked

Do cyclists have to wear a helmet in Germany?

No.

There is no helmet law for bikes and pedelecs up to 25 km/h.

A helmet is required on an S-Pedelec because it counts as a motorcycle.

Do I get less compensation for pain and suffering without a helmet?

In everyday cycling, basically not if the other person is at fault,

according to the BGH ruling of 17.06.2014.

Does this also apply to road cyclists?

That is open.

The BGH expressly did not decide on sporty riding, so a court may judge differently here.

Does the ruling also apply to children?

The case decided concerned an adult.

Regardless of that, a helmet protects children in particular, who still ride less steadily.

Does my accident insurance pay if I fell without a helmet?

Private accident insurance pays for a lasting impairment regardless of who caused the accident.

The exact benefits are in your policy terms.

What do I do if the insurer cuts the claim anyway?

Object in writing and refer to BGH VI ZR 281/13.

For large amounts a lawyer specialising in traffic law helps.

Sources

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