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Who pays my damage if the other driver is not insured in Germany?

In short

Who pays my damage if the other driver is not insured in Germany? If their policy has just ended or their insurer refuses to cover them, that insurer usually still has to pay you. If there is no insurance at all, the Verkehrsopferhilfe fund pays without any deduction, but only after your comprehensive cover and health insurance. You can claim your excess from the fund.

Who pays my damage if the other driver is not insured in Germany?

What it costs

What you bear yourself after an accident with an uninsured driver in Germany, and which amounts apply.

ExampleTypical range
Deduction by the Verkehrsopferhilfe, vehicle known but uninsuredEUR 0
Deduction for property damage if the vehicle is never identifiedEUR 500
Minimum sum for personal injury per accident, limit under Section 117 (3) VVGEUR 7.5 million
Minimum sum for property damage per accidentEUR 1.3 million
Comprehensive cover, VW Golf, driver 45, SF 10, Berlin, EUR 300 instead of EUR 0 excessabout EUR 996 instead of EUR 1,441 a year
Usual excess in comprehensive coverEUR 300, usually selectable up to EUR 2,500

Statutory amounts under Section 12 PflVG, the annex to the PflVG and Section 117 VVG,

November 2026.

Premium example from a published comparison of November 2026.

The repair amounts in the worked example are a guide value from our quoting practice.

Worked example

EUR 4,000 body damage, other driver uninsured, comprehensive cover with EUR 300 excess

How you get your money when the other driver is known but has no policy.

Repair according to the assessorEUR 4,000
Paid by your comprehensive coverEUR 3,700
Excess, registered with the VerkehrsopferhilfeEUR 300
Deduction by the fundEUR 0

You receive the EUR 4,000 in two steps. Whether your comprehensive cover then downgrades your no claims class depends on whether it recovers its money from the other driver.

Three situations people mix up

Not insured can mean three different things in practice. The other driver may have a policy, but their insurer does not have to cover them because they were drunk or behind on premiums. The policy may have ended only recently. Or there was never any insurance. For you as the injured party this decides whom you claim from.

So first check whether an insurer is registered for the number plate. The motor insurers' central call service (Zentralruf der Autoversicherer) tells you free of charge on 0800 250 260 0 within Germany, or +49 40 300 330 300 from abroad. You need the plate number, the date and the country of the accident.

SituationWho pays youLimit
Insurer is not liable towards its own customerthe other driver's motor liability insurerminimum sums; your comprehensive cover and social insurance come first
Policy ended, registration office notified less than a month agothe previous insureras above
Never or no longer insuredVerkehrsopferhilfesecondary, no deduction
Vehicle never identifiedVerkehrsopferhilfe, restrictedproperty damage only with significant injuries, EUR 500 deduction

When their insurer does not have to cover them

If the other driver was drunk or had not paid premiums, their insurer may be released from paying its own customer, fully or partly. Under Section 117 (1) VVG its duty towards you as a third party remains. Do not accept the answer that the customer has no cover.

Section 117 (3) VVG sets two limits. The insurer then only pays up to the statutory minimum sums, for cars EUR 7.5 million for personal injury and EUR 1.3 million for property damage per accident. And it is released to the extent that you get compensation from another property insurer such as your own comprehensive cover (Vollkasko) or from a social insurance body.

When there really is no insurance

Then the Verkehrsopferhilfe e.V. is responsible, the statutory compensation fund. Its claims costs are borne entirely by the motor liability insurers. For you the application is free and needs no membership. It is informal: a short account of the accident and the damage you claim is enough.

With an uninsured car the restrictions for hit and run do not apply. Damage to your car is paid without the EUR 500 deduction, and pain and suffering is not limited to severe permanent injuries. You do have to show credibly that you cannot get compensation from the keeper, owner or driver or from a property insurer.

Your comprehensive cover first, and your no claims class

If you have comprehensive cover, the fund first refers you to it for the car damage. You then register the rest with the Verkehrsopferhilfe, above all your excess. Without comprehensive cover the fund pays the car damage directly.

Using comprehensive cover can cost you your no claims class (SF-Klasse). Under the model terms AKB 2015 the policy still counts as claims free if the person at fault or their liability insurer repays your insurer in full. The same applies if you only use your cover because the liability insurer of a fully liable driver refused cover. With a completely uninsured driver this second rule does not apply. Your own terms may differ, so read the section on claims free years.

Injuries: who pays before the fund

For injuries, health insurance, pension insurance and your employer's continued pay come first. To the extent these benefits make good the loss, the Verkehrsopferhilfe does not pay. It remains responsible for pain and suffering and for loss of earnings beyond continued pay.

You do not need a lawyer for the application, it is informal. Legal help makes sense if the fund sees the accident differently or if injuries remain. Driver protection cover (Fahrerschutz) in your own car insurance is not needed for this case: it is meant mainly for accidents you cause yourself.

Step by step

  1. Call the police (110) and have the accident recorded, even if the damage is small.
  2. Note the plate number, driver and keeper, take photos and get witnesses.
  3. Ask the Zentralruf whether an insurer is registered for the plate.
  4. If there is an insurer, claim there even if it refuses to cover its customer.
  5. Without an insurer, use your comprehensive cover and health insurance first.
  6. Register the rest informally with the Verkehrsopferhilfe and attach the documents.

Checklist

  • Police report or file number
  • Answer from the Zentralruf about the plate
  • Assessor's report or repair estimate
  • Settlement from your comprehensive cover showing the excess
  • Statements from health insurance and employer
  • Note of the date you learned there was no insurance

Common mistakes

  • Giving up because the other driver says they are not insured
  • Using only comprehensive cover and not claiming the excess from the fund
  • Signing an admission of fault at the scene
  • Letting three years pass without registering the claim

Questions and answers

Frequently asked

What does the application to the Verkehrsopferhilfe cost?

Nothing.

It is informal and free, and you do not need to be a member.

Does the fund pay pain and suffering?

Yes.

With an uninsured car the limitation to severe injuries that applies in hit and run cases does not

apply.

How do I find out whether the car was insured?

The Zentralruf der Autoversicherer gives you the insurer for a plate number free of charge.

If it finds none, that is important evidence for the fund.

The other driver was drunk and their insurer refuses. What now?

Insist on payment.

The release only applies towards its own customer;

towards you the insurer stays liable under Section 117 (1) VVG.

Do I have to use my comprehensive cover first?

With the Verkehrsopferhilfe yes, it only pays on a secondary basis.

You can then register your excess with the fund.

How long do I have?

The claim against the fund becomes time barred three years after you knew the circumstances.

Registering it suspends the time limit until the written decision arrives.

Sources

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