Who is liable if my car causes an accident in Level 3 mode?
In short
If your car causes an accident in Level 3 mode, the keeper (Halter) is liable to the victim even without fault (section 7 StVG). Your motor liability insurance pays, up to EUR 10 million for injuries instead of 5 million (section 12 StVG). As the driver you are only liable if at fault, for example by ignoring a takeover request. If the system failed, the insurer can recover the money from the manufacturer.
Average premiums for cars in general. The sources do not show a separate surcharge for automated driving functions.
Example
Typical range
Motor liability only, average
about EUR 256 a year
Liability with partial cover (Teilkasko), average
about EUR 340 a year
Liability with comprehensive cover (Vollkasko), average
about EUR 590 a year
Averages as of September 2026.
For an expensive new car comprehensive cover can be well above average.
Norman Nammert can obtain a quote as an insurance broker.
Worked example
Rear-end collision in a traffic jam, Level 3 mode on
Assumed amounts: the car in Level 3 mode runs into a stationary vehicle and the other driver is slightly injured.
Repair of the other car
EUR 8,000, paid by your motor liability insurance
Treatment and compensation for pain and suffering
EUR 3,000, paid by your motor liability insurance
Damage to your own car
EUR 6,000, paid by Vollkasko minus a EUR 300 excess
System defect proven
the insurer recovers the EUR 11,000 from the manufacturer
The victim receives EUR 11,000 from your motor liability insurance. You pay the EUR 300 excess, or the full EUR 6,000 without Vollkasko.
Who is liable to the victim in Level 3 mode
Level 3 mode does not change the basic rule in Germany. If someone is injured or something is damaged while your car is in operation, the keeper is liable under section 7 of the Road Traffic Act (StVG) without anyone having to prove a mistake.
What changes is the amount. If an automated driving function causes the accident, section 12 StVG doubles the caps to EUR 10 million for personal injury and EUR 2 million for property damage.
The money comes from your motor liability insurance. Under section 115 of the Insurance Contract Act (VVG) the victim can claim directly against your insurer.
Who
Liable when
Legal basis
Keeper (Halter)
always, even without fault
section 7 StVG
Driver in Level 3 mode
only if at fault
section 18 StVG
Motor liability insurer
pays for keeper and driver, directly to the victim
section 1 PflVG, section 115 VVG
Manufacturer
if the system was defective
Product Liability Act (ProdHaftG)
What you may and must do as the driver in Level 3 mode
Even while the car steers itself you remain the driver under section 1a(4) StVG. Under section 1b StVG you may turn away from the traffic in Level 3 mode, but you must stay alert enough to take over at any time.
You must take over immediately when the system asks you to, or when you should realise that the conditions for Level 3 mode are no longer met. Sleeping or missing the request is your fault, and then you are also personally liable under section 18 StVG.
If the system fails: recourse against the manufacturer
If a technical defect caused the Level 3 accident, your motor liability insurance still pays the victim first. It can then claim against the manufacturer under the Product Liability Act. The insurer handles this recourse, not you.
For products placed on the market after 9 December 2026 the new EU Product Liability Directive (EU) 2024/2853 applies. It expressly treats software as a product, which in future also covers the software of an automated driving function.
Damage to your own car: only comprehensive cover pays
Motor liability only pays for other people's losses. Damage to your own car after a Level 3 accident is paid only by comprehensive insurance (Vollkasko), minus your excess.
You cannot claim the damage to the car itself from the manufacturer under product liability: section 1 ProdHaftG only covers damage to things other than the defective product.
When a car really drives in Level 3 mode
An automated driving function under section 1a StVG only exists if the manufacturer formally declares in the system description that the car meets the legal requirements. An assistant you must monitor all the time does not count, and you stay fully responsible.
As of late 2025, approved Level 3 systems in Germany only worked on selected, digitally mapped motorway sections and at up to 95 km/h.
Check the sum insured of your motor liability policy
The legal minimum sum insured for personal injury is EUR 7.5 million. Liability in Level 3 mode goes up to EUR 10 million. A policy with only the minimum can leave a gap after a serious Level 3 accident that you would carry yourself.
Step by step
After the accident note what the display showed: was Level 3 mode active, was there a takeover request?
Secure the scene as usual, call the police, note witnesses.
Report the claim to your motor liability insurer straight away and mention the automated driving function.
Only have the car repaired once the insurer has secured the vehicle data.
Report the damage to your own car under Vollkasko.
Checklist
Motor liability sum insured of at least EUR 10 million for personal injury
Vollkasko for a new car with expensive sensors
Manufacturer's system description read: where and up to what speed Level 3 mode works
Driver knows the duty to take over under section 1b StVG
Legal expenses cover checked for a dispute with the manufacturer
Common mistakes
Sleeping or leaving the seat in Level 3 mode
Treating an assistant you must monitor as Level 3
Motor liability with only the EUR 7.5 million minimum
Assuming the manufacturer pays for damage to your own car
Questions and answers
Frequently asked
Is the manufacturer directly liable to the accident victim?
The victim can claim against the manufacturer for a product defect but has to prove the defect.
Claiming against the keeper and their motor liability insurer is easier,
because no fault is needed.
Does Vollkasko pay if my car is damaged in Level 3 mode?
Yes, comprehensive cover pays accident damage to your own car whoever was steering,
minus the excess.
May I read my phone in Level 3 mode?
Section 1b StVG lets you turn away, but you must be able to take over at any time.
The manufacturer's system description says what exactly is allowed.
What if I miss the takeover request?
Then you are at fault and also personally liable under section 18 StVG.
The victim is still paid first by the motor liability insurance.
Do I need special insurance for Level 3?
No, normal motor liability is compulsory and sufficient.
Make sure the sum insured for personal injury is at least EUR 10 million.
