If my child breaks something at school, the parents' family liability insurance usually pays if the child is liable. Who is under 7 is never liable under Section 828 BGB; from 7 to 17 only with sufficient understanding. If your child injures a classmate, statutory accident insurance pays. Family liability costs about EUR 60 to 180 a year.
What family liability insurance costs in Germany with children covered.
Example
Typical range
Private liability for a family or couple
about EUR 60 to 180 a year
Private liability for one person, at least EUR 10 million cover
about EUR 40 to 120 a year
Excess per claim in private liability
EUR 0 to 250
Guide values from published market overviews, as of 2026.
The sub-limit for children incapable of fault varies widely between policies.
Worked example
Eleven-year-old knocks a classmate's smartphone off the windowsill at break
He scuffles with a friend although the phone is lying right there. The screen is broken; the repair costs EUR 280.
Age
11, understands the risk
Liability
yes, under Section 828 (3) BGB
Who pays
parents' family liability insurance
Excess
EUR 0 to 250 depending on the policy
Family liability replaces the screen minus any agreed excess. Without it, the child would have to pay from their own assets.
Is my child liable at all?
Under Section 828 (1) BGB, nobody under seven is liable for damage. Children aged seven to seventeen are liable under subsection 3 if they had the understanding needed to see that their actions could cause harm. The individual case decides, not a fixed age.
If the child is liable, the parents' private liability insurance pays. Under the German model terms, minor children are covered, and adult children during school and their first training.
When the child is not liable
If the child is too young or lacks understanding, the child is not liable. The parents are not liable either, because the school supervises during lessons. Liability insurance then rejects the claim.
So that the school or the classmate's parents still get money, many policies also pay for damage by children incapable of fault, up to a sub-limit. If a teacher culpably breached the duty of supervision, official liability under Section 839 BGB may apply.
Injuries between classmates
Pupils are covered by statutory accident insurance at school under Section 2 (1) No. 8 b SGB VII. If your child injures a classmate during a school activity, the accident fund (Unfallkasse) pays treatment and consequences.
Under Sections 105 and 106 SGB VII, the child is then only liable to the classmate for personal injury in case of intent. This privilege does not cover property damage such as broken glasses, which goes back to liability insurance.
Typical cases at school
The table shows who pays if a child breaks something at school.
Case
Who pays
Condition
Twelve-year-old knocks a classmate's tablet off the desk
family liability
child liable, has understanding
Six-year-old scribbles on the whiteboard
nobody or sub-limit
policy covers children incapable of fault
Classmate's glasses broken while messing about
family liability
child liable, property damage
Classmate injured in PE
accident fund
school activity
School windows smashed on purpose
child or parents themselves
intent is not insured
Step by step
Ask the school for a written account of what happened.
Note the names of the injured party and witnesses.
Report the damage to your family liability insurer within one week.
For injuries, ask the school to report the accident to the accident fund.
Do not admit fault; the insurer checks liability.
Checklist
Children covered in family liability
Damage by children incapable of fault with a high sub-limit
Cover of at least EUR 10 million
Cover beyond 18 during training
Excess chosen deliberately
Common mistakes
Paying yourself straight away although liability insurance would
Assuming parents are always liable for their children
Reporting intentional damage to liability insurance
Not having injuries reported to the accident fund through the school
Questions and answers
Frequently asked
Are parents liable if their child breaks something at school?
Usually not, because the school supervises during lessons.
The child is liable if old and mature enough.
Does liability insurance pay for a child under 7?
Only if your policy covers damage by children incapable of fault, usually up to a sub-limit.
Who pays if my child injures a classmate?
Statutory accident insurance through the accident fund.
Your child is only liable for personal injury in case of intent.
Does liability insurance pay for a textbook destroyed on purpose?
No.
Intentional damage is not covered by liability insurance.
Does the limit on liability also apply on the way to school?
No.
Under Section 105 SGB VII it does not apply to injuries on the way to school.
If your child is liable there, family liability pays.
