Why does dog liability insurance only pay 50 percent?
In short
Why does dog liability insurance only pay 50 percent? Usually because your own dog was involved. When two dogs fight, the animal hazard (Tiergefahr), the unpredictable behaviour of an animal, applies to both. Germany's Federal Court of Justice says it counts against you, so the other owner's dog liability insurance only pays their share, often 50 percent. If the other owner made a mistake, you can get more.
What dog liability insurance in Germany costs, the policy that pays your share in such cases.
Example
Typical range
Basic policy
about EUR 19 to 35 a year
Solid standard with high cover
about EUR 46 to 85 a year
Same policy with EUR 150 excess instead of none
about EUR 48 instead of 65 a year
Listed breeds
about EUR 100 to over 230 a year
Guide values, October 2026, from published tariffs.
The ratio and vet costs in the example are a guide value from our quoting practice;
the actual ratio is set by the insurer or a court in each case.
We obtain the exact quote.
Worked example
Fight in a dog park, both dogs off the lead
Your dog is bitten and it is unclear how it started. This is how the damage splits at 50 percent.
Vet for your dog, bite wounds stitched
EUR 1,200
Your jacket, three years old, current value
EUR 60
Total damage
EUR 1,260
Paid by the other side's insurance, 50 percent
EUR 630
You keep EUR 630. Had the other dog escaped from an open garden, the full EUR 1,260 would be possible.
Why your own dog counts
Under § 833 of the German Civil Code (BGB) a dog owner is liable for damage caused by the dog even without fault. This is called animal keeper liability, and the reason is animal hazard: a dog can react unpredictably, however well trained.
That hazard also works against you. When two dogs clash, the nature of both animals has played a part. In 2016 the Federal Court of Justice (BGH) ruled that the injured owner must have their own dog's animal hazard set off, applying § 254 BGB (VI ZR 465/15). The other side's dog liability insurance then only pays its owner's share.
How the 50 percent comes about
No law sets a fixed ratio. What counts is how much each dog contributed: size, who attacked, whether one was on a lead. If that cannot be established, for example after a fight with no witnesses, it can end in a split down the middle. The Higher Regional Court of Karlsruhe ruled this way in 2019 after a fight between two dogs off the lead (7 U 24/19).
Who started the fight does not rule out the other side's share, but it shifts the ratio. If a large dog attacks a small dog on a lead, the small dog's share can be minor.
Situation
Typical outcome
Two dogs off the lead fight, unclear how it started
a 50:50 split is possible
Your dog on a lead, other dog escapes from a garden
full payment possible if the other owner was at fault
You reach into the fight with your bare hand
your own contributory fault possible as well
Another dog bites you, your dog was not involved
no set-off, the other side is fully liable
When you get the full amount
The set-off does not apply if the other owner is liable not only for animal hazard but also for their own fault. That is the second headnote of the judgment, based on § 840(3) BGB.
Such fault could be a badly fenced garden, breaking a local lead rule or a dog known to bite without a muzzle. You need to show it, so witnesses, photos and the exact place help.
Other reasons for a lower payment
Not every cut is about animal hazard. For things like clothes, glasses or a phone, the other side's dog liability insurance pays the current value, not the new price. A three year old jacket is worth less than a new one.
Your own behaviour counts too: if you let your dog run loose towards a dog on a lead, expect a share above 50 percent.
Who pays the other half
You carry the remaining half yourself. Your own dog liability insurance (Hundehaftpflicht) only pays for damage your dog causes to others, never your own vet bills or torn trousers.
Only pet health or surgery insurance helps with your own dog's vet bill, and your health insurance with your own injuries.
How to check a cut to 50 percent
Ask for the reasons in writing. If they only cite your dog's animal hazard, ask specifically whether the other owner had secured their dog properly.
For serious injuries, advice from a specialist lawyer is worth it. A broker can help you understand the policy terms and the claim correspondence.
Step by step
Note the other owner's name, address and insurer.
Secure witnesses and photos of the place and the injuries.
Keep vet and medical reports.
Claim in writing from the other side's dog liability insurance.
If cut, ask for reasons and check whether the other owner was at fault.
Checklist
Course of the fight recorded with witnesses
Lead, garden, muzzle: the other side's mistakes documented
Receipts for vet, doctor and damaged items
Ratio explained in writing
Own pet health or surgery cover checked
Common mistakes
Thinking the cut is the insurer being arbitrary
Reaching into a dog fight with bare hands
Not securing witnesses and photos
Expecting your own dog liability policy to pay the rest
Questions and answers
Frequently asked
Why only half, when the other dog started it?
Because animal hazard also played a part with your dog.
Who started it affects the ratio but does not automatically rule out the set-off.
Does the cut apply if I am bitten myself?
Yes, if you are hurt in a fight involving your own dog.
If you are bitten without your dog involved, there is no set-off.
Do I then have to pay the other owner 50 percent?
If their dog was hurt, yes; that is what your dog liability insurance is for.
It pays your share of their damage.
Can I challenge the 50 percent?
Yes, if you can show the other owner was at fault.
Then they may be fully liable.
For larger sums, get legal advice.
Is it the same in my home country?
Not necessarily.
Germany has strict liability for dog owners; other countries often look at fault instead,
