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Who reports a liability claim: the person responsible or the injured party?

In short

Who reports, the person responsible or the injured party? The person responsible reports a liability claim to their insurer within one week (Section 104 VVG). In private liability the injured party has no direct claim against the insurer and asks the person responsible for compensation. Exceptions include motor liability and insolvency. Private liability costs about EUR 40 to 120 a year.

Who reports a liability claim: the person responsible or the injured party?

What it costs

What private liability costs in Germany, the policy through which the claim is reported.

ExampleTypical range
Private liability for one person, at least EUR 10 million coverabout EUR 40 to 120 a year
Private liability for a family or coupleabout EUR 60 to 180 a year
Excess per claim in private liabilityEUR 0 to 250

Guide values from published market overviews, as of 2026.

Worked example

Football through the neighbour's window

The son kicks a ball through the neighbour's living room window. The neighbour wants the family to report the liability claim.

Who reportsthe parents as policyholders
Deadlinewithin one week
What the neighbour sendsphotos and the glazier's invoice
Who paysthe family's liability insurer, if the son is liable

The parents report, the neighbour sends the documents to the insurer and usually receives the money directly.

The person responsible reports, and quickly

Under Section 104 VVG, the policyholder must notify their liability insurer within one week of facts that could make them liable to a third party. If the injured party later demands money, a new week begins. Sending the report in time is enough.

The German model terms require the same, even if nobody has made a claim yet. Reporting a liability claim late risks a dispute about payment.

What the injured party can do

The injured party addresses the claim to the person responsible, ideally in writing with photos, invoices or an estimate. They can ask for the insurer's name and claim number and send documents there.

As a rule, they have no claim of their own against a private liability insurer. If the person responsible does not report, the route is a reminder and, if necessary, court action against that person.

When the injured party may go directly to the insurer

Section 115 VVG gives the injured party a direct claim against the insurer for compulsory insurance such as motor liability, once insolvency proceedings are opened over the responsible person's assets, or if their whereabouts are unknown.

The person responsible may also assign their claim against the insurer to the injured party. Under Section 108 VVG, insurers cannot prohibit this in their terms. The injured party then deals with the insurer directly.

How the report works

Insurers usually accept liability claims online, by e-mail or by phone. The insurer then checks whether you are liable at all and often contacts the injured party directly.

Your broker can tell you which documents the insurer needs and where to report. The claim itself is always handled by the insurer.

Step by step

  1. As the person responsible, report within one week.
  2. Give the injured party the insurer's name and claim number.
  3. As the injured party, send photos, receipts and an estimate.
  4. Do not admit fault or promise an amount in advance.
  5. If nothing happens, chase the person responsible in writing with a deadline.

Checklist

  • Date, place and course of events noted
  • Names and addresses of both sides
  • Photos and witnesses
  • Liability policy number
  • Report sent within one week

Common mistakes

  • As the injured party, waiting for the other side to report without making a claim
  • As the person responsible, reporting only when an invoice arrives
  • Admitting liability verbally
  • Assuming the injured party can always sue the insurer directly

Questions and answers

Frequently asked

Can the injured party report the claim themselves?

They can contact the insurer and send documents.

In private liability, however, they only have their own claim in exceptional cases.

How long do I have to report a liability claim?

One week from the event, and again one week after the injured party makes a claim.

What if the person responsible does not report?

Claim compensation from them in writing.

If needed, sue them; their insurer then conducts the case for them.

May I talk directly to the other side's insurer?

Yes, about documents and questions.

Payment, however, goes to whoever holds the claim.

Is motor liability different?

Yes.

There the injured party has a direct claim against the insurer under Section 115 VVG.

Sources

NAMMERT insurance broker

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Related questions

Your broker: Norman Nammert, trading as NAMMERT.

Insurance broker licensed under section 34d(1) of the German Trade Regulation Act.

Broker register no. D-C08Q-TOSD4-37.

NAMMERT Assekuradeur GmbH is a separate company.

It does not arrange your contract.

Statutory disclosure (German) · Updated

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