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Who is liable in a car and cyclist accident in Germany?

In short

Who is liable in a car and cyclist accident in Germany? First the car keeper: they are liable for the operating risk of the car even without fault, and their motor liability insurance pays. Only force majeure frees them completely. If the cyclist was partly at fault, the cyclist's claim is reduced. Children under ten are not liable in an accident with a car, unless they acted on purpose.

Who is liable in a car and cyclist accident in Germany?

What it costs

Legal minimum sums and publicly reported amounts around accidents between cars and bikes in Germany.

ExampleTypical range
Minimum motor liability cover for personal injuryEUR 7.5 million per claim
Minimum motor liability cover for property damageEUR 1.3 million per claim
Pain and suffering after a dooring accident, Cologne Regional Court 02.08.2022EUR 7,500 in total
Loss of use of the car if the cyclist is at faultEUR 23 to 175 a day depending on the vehicle group

As of October 2026, from statutes and published court decisions.

The amounts and the split in the worked example are assumed,

a guide value from our quoting practice.

Every split is decided on the individual case.

Worked example

Right turning driver overlooks a cyclist riding without lights at dusk

Assume the court sets contributory fault of 25 percent for the missing lights. This is how the damage is split.

Cyclist's damage: bike, clothing, treatment, pain and sufferingEUR 4,000
Paid by the car's motor liability (75 percent)EUR 3,000
Cyclist's own share (25 percent)EUR 1,000
Damage to the carEUR 800
Paid by the cyclist's personal liability (25 percent)EUR 200

The cyclist receives EUR 3,000, the driver EUR 200. The driver bears the remaining EUR 600 or claims it on comprehensive cover, and their motor liability is downgraded.

Why the driver almost always shares liability

Whoever keeps a car is liable for everything that happens while it is being operated, even if they did nothing wrong. German law calls this operating risk (Betriebsgefahr). Between two cars a keeper can escape liability for an unavoidable event, but this exception does not apply towards a cyclist. Only force majeure, an external and unforeseeable event, frees the keeper.

On top of that come clear traffic duties: when turning, let cyclists riding in the same direction go first; when overtaking, keep at least 1.5 metres in town and 2 metres outside town; when getting out, rule out any danger to others. Breaking these rules adds the driver's own fault to the operating risk.

SituationRuleEffect on liability
Car turns and overlooks a cyclist going the same way§ 9 para. 3 StVOdriver's fault on top of operating risk
Car door opens in front of the cyclist§ 14 para. 1 StVOCologne Regional Court 2022: full compensation for the cyclist
Car overtakes too closely§ 5 para. 4 StVOdriver's fault on top of operating risk
Cyclist ignores right of way or a red light§ 9 StVG, § 254 BGBcyclist's claim is reduced
Child under ten on a bike§ 828 para. 2 BGBchild not liable unless intentional

How the liability split is decided

If the cyclist made a mistake, the court weighs it up: how serious is their fault, how serious the operating risk and any mistake by the driver? The result is a split, for example 75 to 25. There are no fixed tables, every split is a decision on the individual case.

Not wearing a helmet usually costs cyclists nothing for head injuries. On 17.06.2014 the Federal Court of Justice (BGH, VI ZR 281/13) ruled that riding without a helmet is generally not contributory fault, at least for accidents up to 2011.

Which insurance pays what

The cyclist's damage is paid by the car's motor liability insurance: bike, clothing, treatment, loss of earnings and compensation for pain and suffering (Schmerzensgeld), reduced only by the cyclist's own share. Afterwards the driver is moved down in their no-claims class.

Damage to the car is paid for the cyclist's share by the cyclist's personal liability insurance (Privathaftpflicht). Without one, the cyclist pays from their own money. The rest of the car damage is borne by the driver or their comprehensive cover, then with deductible and downgrade.

Accidents with children on bikes

Children under seven are never liable, and children aged seven to nine are not liable in an accident with a car either, unless they injure someone on purpose. The law assumes they cannot yet judge the speed and distance of cars properly.

For the driver this means: they will not get their own damage paid by the child. The parents are only liable if they breached their duty of supervision, and the driver has to prove that. Often the damage to the car stays with the driver or their comprehensive cover.

Deadlines and what you do not need

Claims for damages and pain and suffering expire after three years. The period starts at the end of the year in which you know the damage and who caused it. An accident in October 2026 therefore expires at the end of 2029.

For a small dent with no injuries and clear fault you do not need a lawyer, the insurers settle it between themselves. With injuries or a disputed course of events, a German traffic lawyer is worth it. Ask first whether your legal expenses insurance covers the costs.

Step by step

  1. Secure the scene, help the injured and call 112 if anyone is hurt.
  2. Call the police if someone is injured or the course of events is disputed.
  3. Note names, addresses, number plate, insurer and witnesses.
  4. Photograph the position of bike and car, marks, traffic lights and damage.
  5. As a cyclist, see a doctor the same day.
  6. Report the claim to the car's motor liability insurer, as a driver also to your own.

Checklist

  • Number plate and insurer of the car
  • Name and address of the cyclist and whether they have personal liability insurance
  • Photos before bike and car are moved
  • Witnesses with phone numbers
  • Doctor's report from the day of the accident if injured
  • End of the limitation period noted: three years from year end

Common mistakes

  • Believing as a driver that you are not liable without fault
  • Cycling without personal liability insurance
  • Admitting fault on the spot before the course of events is clear
  • Seeing a doctor only days later
  • Asking a child under ten for money

Questions and answers

Frequently asked

Is the driver liable even if the cyclist is at fault?

Often in part, through the operating risk of the car.

The more serious the cyclist's mistake, the more their claim is reduced,

in individual cases down to zero.

Do I get less as a cyclist without a helmet?

Usually not.

In 2014 the Federal Court of Justice found that not wearing a helmet is generally not contributory

fault.

Who pays for my car if a cyclist rides into it?

For the cyclist's share, their personal liability insurance,

without insurance the cyclist personally.

You or your comprehensive cover bear the rest.

What if a child on a bike causes the accident?

Children under ten are not liable in an accident with a car, unless intentional.

The parents only if they breached their duty of supervision.

Will I be downgraded as a driver?

Yes, as soon as your motor liability pays the cyclist, your no-claims class is downgraded.

Do I have to call the police?

Yes if someone is injured, the course of events is disputed or the other person will not give

their details.

A police file number helps with every insurer later.

How long can I make claims?

Three years, counted from the end of the year in which you know the damage and who caused it.

Sources

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Statutory disclosure (German) · Updated

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