Who is liable for an accident in a car pool in Germany?
In short
In a car pool in Germany, injured passengers are paid by the motor liability insurance (Kfz-Haftpflicht) of the car they sit in, with at least EUR 7.5 million cover for injuries. This applies even if the driver is not at fault. Who is liable personally? Usually nobody. The driver gets nothing from his own liability cover; only driver cover (Fahrerschutz) for EUR 20 to 65 a year helps.
Legal minimums and published premiums, as of October 2026.
Example
Typical range
Motor liability, legal minimum for personal injury
EUR 7.5 million per accident
Motor liability, legal minimum for property damage
EUR 1.3 million per accident
Driver cover as an add on
about EUR 20 to 65 a year
Commuting allowance for every occupant
38 cents per kilometre
Minimum sums from the annex to the Compulsory Insurance Act (PflVG),
premiums from published tariff examples, October 2026.
The amounts in the example are guide values from our quoting practice.
Worked example
Three colleagues, the driver misses the end of a traffic jam
On the way to work the car pool driver hits the car in front. Both passengers and the driver are injured, the car has EUR 8,000 of damage.
Passengers: pain and suffering, lost earnings
driver's motor liability insurance
All three: treatment and injury benefit
statutory accident insurance
Driver: pain and suffering
only with driver cover
Car, EUR 8,000
only with fully comprehensive cover, minus excess
Car in front
driver's motor liability insurance
The passengers are well covered. Without driver cover and fully comprehensive cover, the driver bears his own pain and suffering and the damage to his car, and his policy is downgraded.
Who pays after an accident in a car pool
It depends on who caused the accident. If another car caused it, that car's liability insurance pays everyone in the car pool, including the driver.
If the car pool driver caused it, his motor liability insurance pays the injured passengers for medical costs, lost earnings and compensation for pain and suffering (Schmerzensgeld). Because the keeper is liable under the Road Traffic Act (StVG) for the operating risk of the car even without fault, this also applies to a burst tyre.
Who caused the accident?
Injured passengers
Injured driver
Damage to the car pool car
Another car
other car's liability insurance
other car's liability insurance
other car's liability insurance
The car pool driver
own motor liability insurance
only driver cover or accident insurance
only fully comprehensive cover
Nobody, for example a burst tyre
own motor liability insurance
only driver cover or accident insurance
only fully comprehensive cover
Why the driver often gets nothing
Motor liability insurance only pays damage done to others. If the car pool driver causes the accident, it neither pays for his injuries nor for his own car.
Driver cover, an add on to your car insurance, closes this gap. It pays the driver lost earnings and pain and suffering as if someone else had caused the accident, but only after other payers such as statutory accident insurance. For the car itself you need fully comprehensive cover (Vollkasko).
Commuting accidents: statutory accident insurance
If the car pool drives to or from work, employees are also covered by statutory accident insurance (gesetzliche Unfallversicherung). Under § 8 Abs. 2 Nr. 2 b SGB VII this includes detours to pick up or drop off passengers.
It pays treatment, injury benefit and pensions, but no pain and suffering and no property damage. Private detours, for example for shopping, are not covered. Self employed people are only covered if they have joined voluntarily.
Liability waivers, seat belts and fuel money
Some drivers ask car pool passengers to sign a liability waiver. Personal injury is paid by the liability insurance anyway, and a waiver can take rights away from passengers. Read it carefully before you sign.
Passengers who were not wearing a seat belt must expect lower compensation. Sharing fuel, tolls and parking is fine; making a profit turns it into commercial passenger transport, which needs a licence.
What it means for the keeper's policy
If the motor liability insurance pays for a car pool accident, the keeper's no claims class (Schadenfreiheitsklasse) is downgraded. For small claims it can pay off to reimburse the insurer and keep the class.
If you take turns driving, the insurance of the car being driven always pays. Check that your policy allows drivers from outside your household, otherwise a surcharge may apply.
Step by step
Agree whose car drives and check the policy allows drivers from other households.
Check whether driver cover is included or can be added.
Set fuel money so that nobody makes a profit.
After an accident tell your employer so the commuting accident is reported.
Passengers make their claims with the liability insurer of the car that caused the accident.
Checklist
Motor liability with high cover
Driver cover for whoever drives most
Named drivers in the policy match the car pool
Fully comprehensive cover for a newer car
Fuel money only as cost sharing
Everyone wearing a seat belt
Common mistakes
Believing the driver pays injured passengers from his own pocket
Signing a liability waiver without reading it
Making a profit from fuel money
Not reporting the commuting accident to the employer
Not telling the insurer about drivers from other households
Questions and answers
Frequently asked
Is the driver personally liable for injured passengers?
Usually not.
The car's motor liability insurance pays, up to at least EUR 7.5 million for personal injury.
I am the keeper and was injured as a passenger in my own car. Do I get money?
Yes, you can claim your personal injury from your own motor liability insurance if someone else
was driving.
Does statutory accident insurance pay after a car pool accident?
On the way to or from work, yes, for treatment and injury benefit,
detours to pick people up included.
It pays no pain and suffering.
May I take fuel money?
Yes, sharing fuel, tolls and parking is fine as long as nobody makes a profit.
What if a passenger causes the accident?
Injuries to the other occupants are paid by the motor liability insurance.
Damage to the car itself only by fully comprehensive cover.
Can every passenger claim the commuting allowance?
Yes, each occupant can claim the commuting allowance (Entfernungspauschale) of 38 cents per
