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Who pays when a child under seven causes damage?

In short

Often nobody. Under German law (§ 828 BGB) children under seven are not liable, and parents only pay if they failed in their duty to supervise (§ 832 BGB). So that the other person still gets paid, many liability policies also cover damage caused by such children, usually up to a sub-limit between EUR 10,000 and the full sum insured.

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Who pays when a child under seven causes damage?

What it costs

What a family policy with this option costs, based on published tariff examples and test results.

Example	Typical range
Family with children, cover EUR 10 to 50 million	about EUR 60 to 180 a year
Very good family tariffs in a consumer test	from about EUR 48 a year, average around EUR 99
Sub-limit for children under seven in basic tariffs	about EUR 10,000 to 25,000
Sub-limit in good family tariffs	EUR 50,000 up to the full sum insured

Guide values as of September 2026 from publicly quoted tariff examples and test results. The extra cost of a higher sub-limit is a guide value from our quoting practice; we obtain the exact quote for you.

Worked example

Four-year-old throws a stone at the neighbour's car

Her mother was within sight, so the duty to supervise counts as fulfilled. This is how the bill works out.

Paint damage to door and wing	about EUR 2,800
Liability of the child under § 828 BGB	none
Liability of the mother under § 832 BGB	none
Policy with the option, sub-limit EUR 50,000	pays EUR 2,800

Without the option the neighbour would be left with EUR 2,800. With it the damage is paid, minus any deductible.

What German law says

A child who is not yet seven is not responsible for damage. For accidents involving a car, a train or a suspension railway this limit applies up to the tenth birthday, unless the child acted on purpose. Both rules are in § 828 BGB.

Parents are not automatically liable. They only have to pay if they breached their duty to supervise (§ 832 BGB). What counts as proper supervision depends on the child's age and character and on the situation. A five-year-old must not play alone by the road, but nobody has to stand next to a child every second.

What is different if you come from abroad

In the UK or US there is no fixed age at which a child becomes responsible; courts decide case by case. Germany uses clear age limits. The familiar sign on German building sites saying parents are liable for their children (Eltern haften für ihre Kinder) is therefore misleading.

For families from abroad this often comes as a surprise: if your child breaks something at a friend's home and you were supervising properly, the law says nobody has to pay. Many German families still expect the damage to be settled, which is why the policy option described here is common.

Why the other person often gets nothing

If neither the child nor the parents are liable, liability insurance has nothing to pay. Its job is to pay justified claims and fight unjustified ones. For the neighbour with the scratched car that is bitter, and often for the friendship too.

That is why there is cover for damage by children under seven. The insurer then pays voluntarily, as if the child were liable, up to the amount stated in the policy.

Case	Who pays without the option	With the option
Child, 4, scratches a car while playing, parents were watching	nobody	the parents' liability insurance up to the sub-limit
Child, 5, alone by the road, a cyclist falls	the parents' liability insurance, because supervision failed	the parents' liability insurance
Child, 8, rides a bike into a parked car	the parents' liability insurance, because the child is liable	the parents' liability insurance
Child, 3, damages the parents' own things	nobody, no third person was harmed	nobody

Which sub-limit makes sense

Sub-limits range from EUR 10,000 to the full sum insured. A broken vase needs little, a damaged car quickly costs five figures. If a person is injured, EUR 10,000 is rarely enough.

Good family tariffs pay up to the full sum insured. The extra cost is usually small.

When you do not need the option

Once your children are older than seven and no longer in the special road traffic age, the option matters less. Older children are liable themselves if they understood what they were doing, and they are covered by your family policy. You do not need to switch for that.

Step by step

Look for damage by children under seven (deliktunfähige Kinder) in the benefits overview.
Read the sub-limit and check whether it also covers injuries to people.
If it is below EUR 30,000, compare a newer tariff.
In a claim, describe honestly who was supervising and where.
Report the damage even if you think nobody is liable.

Checklist

Option for children under seven included
Sub-limit at least EUR 30,000, better the full sum insured
Also applies in road traffic up to the tenth birthday
Also applies to grandchildren or visiting children if they often stay with you
Deductible for this option known

Common mistakes

Promising the other person payment straight away instead of reporting the claim
Assuming parents are always liable for their children
Settling for a EUR 10,000 sub-limit although injuries to people are possible

Questions and answers

Frequently asked

Are parents always liable for their children?

No. The sign on building sites is not accurate. Parents are only liable if they failed to supervise properly.

From what age is a child liable?

From the seventh birthday, if the child had the necessary understanding. For accidents with cars and trains only from ten, unless it was intentional.

Does liability insurance pay if my child breaks something at a friend's home?

With the option for children under seven usually yes, up to the sub-limit. Without it only if supervision was neglected.

What if the child is with the grandparents?

Then the grandparents usually have the duty to supervise. Whether their policy pays depends on their contract and on how they supervised.

Do I have to pay myself although I am not liable?

Legally no. Many people pay anyway to keep the peace. This is exactly what the option is for, so it does not come out of your own pocket.

Can a child be liable for reasons of fairness?

In exceptional cases yes, under § 829 BGB, for example if a child is very wealthy. In everyday life this hardly matters.

Sources

NAMMERT insurance broker

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