Who is liable for an accident during a driving lesson in Germany?
In short
Who is liable for an accident during a driving lesson in Germany is set by § 2(15) of the Road Traffic Act: as long as you hold no licence for that class, the instructor legally counts as the driver. The driving school's motor liability cover pays third party damage, its optional comprehensive cover pays for the school car. You usually pay only after gross negligence, intent or ignoring instructions.
What driving lessons and the test cost in Germany; the school's car insurance is paid out of these fees.
Example
Typical range
Standard lesson, class B, 45 minutes
about EUR 55 to 77, average around EUR 65
Special lesson on country roads, motorway or at night, 45 minutes
about EUR 60 to 95
Testing body fees for theory and practical test
up to about EUR 155
Class B licence in total
about EUR 2,500 to 4,500, average around EUR 3,400
Costs as of May 2026 from a published cost overview.
The damage amounts and the excess in the worked example are a guide value from our quoting
practice.
For your first own car policy after the test, we obtain quotes for you as a broker.
Worked example
Eighth lesson, scrape while parking
A learner without a licence scrapes a parked car while reverse parking. The instructor brakes too late.
Damage to the parked car
EUR 2,400, paid by the school's motor liability insurance
Damage to the school car
EUR 1,300, paid by the school's comprehensive cover
Excess on the comprehensive cover
EUR 500, carried by the school
Learner's share
EUR 0, a typical beginner's mistake without gross fault
The learner pays nothing. Their own future car policy is not affected; the claim is booked on the driving school's policy.
The instructor is the driver in law
Under § 2(15) StVG every training and test drive must be accompanied by a qualified instructor. On these drives, and on the way to and from the test, the instructor is treated as the driver under the Road Traffic Act whenever the learner does not yet hold the relevant licence.
That matters for liability. Under § 18 StVG the driver is liable for accident damage unless it was not caused by their fault. The driving school is liable on top of that as the registered keeper of the car. The instructor has the dual brake and has to step in when a situation is too much for the learner.
Damage
Who pays
Another car, a cyclist, a pedestrian
motor liability insurance of the driving school
The school car itself
the school's comprehensive cover if it has one, otherwise the school
Excess on the comprehensive cover
usually the driving school
Damage from grossly negligent behaviour of the learner
the school may ask the learner to contribute
Learner's own motorbike or car
only the learner's own comprehensive cover
When learners have to pay themselves
Stalling on a hill start or clipping a bollard while parking is exactly what a beginner is there to learn. These mistakes are part of the lesson, and the school normally carries that risk. You pay for it indirectly: typical driving school contracts include the cost of the car and its insurance in the price of each lesson.
It is different if you deliberately ignore an instruction, drive after drinking or act with gross carelessness. Then the school may ask you to cover part of the damage to its car. How much depends on the case, including how far along you are in your training and whether the instructor could have intervened.
If you are injured yourself
The strict liability of the car's keeper does little for an injured learner: § 8 StVG excludes it for people who were involved in operating the vehicle. Claims against the instructor or the school mainly arise when they made a mistake, for example stepping in too late.
Your health insurance pays for treatment. For lasting consequences, private accident insurance helps because it pays regardless of who was at fault.
If you already hold a licence
The special rule only applies while you lack the relevant licence. If you take refresher lessons with a valid licence, for example after moving to Germany, you are the driver yourself and liable as in normal traffic.
If you train for a new class, such as a motorbike licence, the instructor counts as the driver again for those lessons.
Step by step
Stay calm; the instructor secures the scene and deals with the other party.
Do not sign anything or admit fault before you have talked to the school or your family.
Write down what happened: place, time, lesson number, what the instructor said and did.
If the school asks you for money, ask for a written explanation with the repair cost and its insurance position.
Check what your driving school contract says about damage to the training car.
Checklist
Ask before signing up whether the school car has comprehensive cover
Read what the contract says about damage to the training vehicle
If you train on your own motorbike, check your own policy covers it
Never start the car without the instructor
Arrive sober and rested for every lesson
After an accident, put the sequence of events in writing
Common mistakes
Admitting fault or signing something at the scene
Paying a bill from the school without any explanation
Assuming personal liability insurance pays for damage done with a car; car use is usually excluded there
Thinking the instructor is liable during refresher lessons when you already hold a valid licence
Questions and answers
Frequently asked
Do I have to pay if I crash during a driving lesson?
Usually not.
Damage to others is paid by the school's motor liability insurance,
the school car by its comprehensive cover.
The school may ask you to contribute mainly after intent,
gross negligence or ignoring instructions.
Who is liable for an accident in the practical driving test?
During the test and on the way there, the instructor counts as the driver under § 2(15) StVG.
The examiner only rides along and is not the driver.
Will a crash at driving school make my own insurance more expensive?
No.
You do not have your own policy yet.
The claim runs through the driving school's insurance and affects its no claims class.
Who pays if I am injured during a lesson?
Your health insurance pays for treatment.
Compensation for pain and suffering mainly comes into play if the instructor or school was at
fault.
Private accident insurance helps with lasting harm.
My licence from abroad is not valid in Germany. Who is the driver in my lessons?
If you do not hold a licence that is valid for that class in Germany,
the instructor counts as the driver, just as for any other learner.
Can the school charge me the excess of its comprehensive cover?
That depends on the contract and on how far you were at fault.
A typical beginner's mistake is part of the training risk.
