Who is liable if a passenger is not wearing a seatbelt in Germany?
In short
In Germany the driver who caused the accident is liable for an injured passenger through their car liability insurance, even towards their own passenger. A passenger not wearing a seatbelt shares the blame: courts usually cut compensation by 10 to 50 percent, as far as a belt would have prevented or reduced the injury. An adult passenger pays the EUR 30 fine, for children the driver does.
Fines for missing restraints and reduction rates from published judgments in Germany.
Example
Typical range
Adult not wearing a seatbelt, driver or passenger
EUR 30
One child not buckled up
EUR 30
One child without any restraint
EUR 60 and 1 point
Cut for passengers without a belt in judgments
10 to 50 percent
Fines from the German fines catalogue, rates from an overview of published judgments,
as of October 2026.
The compensation in the worked example is a guide value from quoting practice.
Worked example
Passenger without seatbelt, other driver ignored right of way
The passenger hits the dashboard. An expert confirms that a seatbelt would have prevented the facial injuries.
Appropriate pain and suffering without shared blame
about EUR 8,000
Cut for the missing seatbelt
30 percent
Payment from the other driver's liability
about EUR 5,600
Fine for the passenger
EUR 30
Around EUR 2,400 in pain and suffering is lost through the missing belt, and claims for lost earnings are cut too.
The driver is liable, even towards their own passenger
If a passenger is injured in an accident, the keeper of the car they sat in is liable under the German Road Traffic Act even without fault. If another car caused the accident, its keeper is liable. Payment comes from the car liability insurance (Kfz-Haftpflicht), so the passenger does not have to sue anyone privately.
This means a passenger can claim from the liability insurance of the car they travelled in, for example after their partner skidded off the road. The claims are reduced if they were not wearing a seatbelt.
Situation
Who pays
Effect of the missing seatbelt
Another car causes the accident
the other driver's liability
cut for the passenger possible
Your own driver causes the accident
your car's liability
cut for the passenger possible
Injury would have been the same with a belt
full liability
no cut
Other driver acted grossly reckless
the other driver's liability
cut may not apply at all
Child under 10 without restraint
liability of the driver at fault
as a rule no cut
How compensation is reduced
Not wearing a seatbelt breaks the German road traffic rules. Courts treat it as contributory negligence under section 254 of the Civil Code and section 9 of the Road Traffic Act. There is no flat cut, only the part of the injury caused or made worse by the missing belt is reduced.
In published judgments the cut for passengers ranges from 10 to 50 percent. If the other driver was extremely reckless, for example very drunk and far too fast, the passenger's share can fall away completely. People thrown out of the car usually face a higher cut.
Is the driver liable if the passenger does not buckle up?
An adult passenger is responsible for their own seatbelt and gets the EUR 30 fine. The driver does not have to force them, but should insist before setting off. Children are different: the driver is responsible for securing them.
Children under seven cannot be held responsible for their own conduct under section 828 of the Civil Code, and for accidents with motor vehicles this applies until their tenth birthday. A missing seatbelt therefore usually does not reduce their claims.
Exceptions to the seatbelt rule
The seatbelt rule does not apply at walking speed, for example when reversing or in car parks, and for certain delivery jobs with frequent stops.
If you rely on an exception, you must be able to prove it. An accident in a car park at walking speed therefore usually does not lead to a cut.
Extra cover that helps a passenger
If compensation is cut because of the missing belt, part of the loss stays with the passenger. Personal accident insurance (Unfallversicherung) pays regardless of fault, but has its own terms.
For the driver there is driver protection cover (Fahrerschutz), because their own liability insurance does not pay for their injuries. A passenger does not need it, they are covered through liability.
Step by step
Have injuries documented by a doctor after the accident.
Note the other driver's name and insurer.
Claim from the liability insurance of the driver at fault, even if it is your own car.
If compensation is cut, have it checked whether a seatbelt really would have prevented the injury.
Inform your personal accident insurer if you have one.
Checklist
All passengers buckled up before every trip
Children in a suitable child seat
Driver protection checked for the driver
Personal accident insurance for payments regardless of fault
Seatbelts and buckles working on all seats
Common mistakes
Believing there is no money at all without a seatbelt
Accepting a flat cut by the insurer without checking
Driving children without a suitable seat
Not claiming from your own car's liability out of misplaced loyalty
Questions and answers
Frequently asked
Does a passenger without a seatbelt get any compensation?
Yes.
It is only cut by the share the missing belt caused, usually 10 to 50 percent.
Does the driver pay the fine if a passenger is not buckled up?
No, an adult passenger pays their EUR 30 themselves.
For children it is the driver.
Can I claim from my partner's car insurance as a passenger?
Yes, the car's liability insurance also pays passengers' injuries if the driver caused the
accident.
Who must prove that a seatbelt would have helped?
The party causing the damage or their insurer.
If they cannot prove it, there is no cut.
Do seatbelt rules apply in the back seat too?
Yes, on every seat with a required seatbelt, front and back.
