# Driving school insurance in Germany: cars, liability and learners

> German law treats the instructor, not the learner, as the driver during a lesson. That single rule shapes how a German driving school (Fahrschule) is insured: commercial motor cover for dual control cars, comprehensive cover for damage caused by beginners, business liability for the classroom and accident cover for learners, who are customers and not employees.

Quelle/Source: https://www.nammert.com/en/insurance-broker-driving-school-insurance.php  
Updated: 2026-11-14

## Who is liable if a learner causes an accident during a lesson?

Usually the driving school. Under section 2(15) of the German Road Traffic Act (StVG), the instructor is deemed to be the driver as long as the learner holds no licence. Third party damage is therefore paid by the motor liability policy of the school car. Damage to the car itself is a matter for comprehensive cover. A learner can only be held responsible in exceptional cases, such as gross negligence or intent.

## At a glance

- **Legal driver in a lesson:** the instructor, while the learner has no licence (section 2(15) StVG)
- **Compulsory?:** motor liability for every school vehicle, everything else voluntary
- **Must be declared:** use as a driving school car, including dual controls
- **Statutory accident insurance:** BG Verkehr for employees, not for learners
- **Premium basis:** vehicles and licence classes, instructors, claims history, excess

## The instructor is the driver

Section 2(15) StVG deems the instructor to be the driver during training and test drives while the learner has no licence. The instructor controls the second brake and is expected to intervene. In practice this means that accidents in a lesson are handled by the driving school and its motor insurer, not by the learner or the learner's parents.

The rule has limits. The Federal Court of Justice held that it does not apply to the criminal offences of endangering road traffic and drunk driving (4 StR 92/14). For motorcycle lessons it is disputed how far the rule reaches, because the instructor follows in an escort vehicle and cannot intervene. Schools training motorcycle classes should check that cover expressly.

## A dual control car is not an ordinary company car

A car with dual controls needs commercial motor insurance, and its use as a driving school vehicle must be declared to the insurer. The conversion should be insured as part of the vehicle: second pedals, extra mirrors and the roof sign. If it is missing, a comprehensive claim may only cover the standard car.

Learners cause more minor collisions than experienced drivers, so full comprehensive cover usually pays for itself. Read the wording on two points: does it pay when the learner made the mistake, and is there a higher excess for damage during a lesson?

## Downtime, motorcycles and the classroom

When a school car is in the repair shop, lessons and test appointments are lost. An ordinary hire car does not help because it has no dual controls. Good driving school policies pay for a replacement school car or a daily loss of use amount; waiting days and the maximum period differ widely. For motorcycles, damage from tipping over at low speed or on the training ground matters most, and not every comprehensive wording includes it.

Business liability covers what happens away from the vehicles, such as a fall in the classroom or damage to rented premises. BG Verkehr, the statutory accident insurer for driving schools, protects employees but not learners, who need private accident cover if the school wants to offer it.

## What is covered

- Third party damage caused by the school car, through motor liability
- Damage to the school car through full comprehensive cover, including learner errors where the wording allows
- Dual controls, extra mirrors and roof sign as insured vehicle parts
- Theft, storm, hail, collision with game and glass through partial comprehensive cover
- Replacement school car or daily loss of use after an accident, if agreed
- Tip over damage to training motorcycles, if included
- Liability from the classroom, theory lessons and organisation through business liability
- Accident benefits for learners and instructors through occupant or learner accident cover

## What is not covered

- Wear and tear, for example clutches worn out by beginners
- Drives by a learner without an instructor
- Driving under the influence of alcohol or drugs
- Fines from lessons
- Races and track events

## Who needs it

- Owners of a German driving school with their own cars
- Schools training motorcycle, truck or bus classes
- Schools with several branches and classrooms
- Freelance instructors working for several schools
- Founders applying for a driving school licence under section 18 of the Driving Instructors Act (FahrlG)

## Who does not need it

- Employed instructors whose employer insures the vehicles and the business
- Private persons practising with family members: there is no driving school policy for that

## What it costs

The premium combines the motor policies of each vehicle with business liability, plus optional accident, contents and legal expenses cover. School cars are rated differently from private cars, and no independent published price comparisons exist, so we do not quote sample figures.

**What drives the premium:**

- Number of vehicles and licence classes trained
- Vehicle value, type class and regional class
- No claims rating and claims history
- Scope of comprehensive cover and excess
- Loss of use or replacement vehicle
- Number of instructors and classrooms for business liability

_Your premium is fixed in the quote once the vehicle list, classes and claims history are known._

## The policy levels on the market

- **Basic motor cover:** Motor liability and partial comprehensive per vehicle, business liability as a separate policy. Leaves accident damage caused by learners uninsured.
- **Driving school package:** Full comprehensive with a driving school clause, dual controls insured, loss of use, business liability including rented premises and occupant accident cover.
- **Fleet or framework contract:** All vehicles in one contract, new vehicles included automatically, one contact for claims. For schools with several branches and many classes.

## How to recognise a good policy

| Criterion | Minimum standard | Strong policy | Why it matters |
| --- | --- | --- | --- |
| Driving school clause | use as a school car expressly insured | dedicated driving school tariff for all classes trained | Without it, the insurer may dispute the use after a claim. |
| Comprehensive for learner errors | pays for learner mistakes | no higher excess for damage during lessons | These are the most frequent claims of any driving school. |
| Dual controls | insured as a vehicle part | no value limit, refitting to a replacement car included | Without dual controls the car cannot be used for lessons. |
| Downtime | replacement school car for a few days | daily amount without waiting days or a dual control replacement | A car off the road costs lessons and test slots. |
| Gross negligence | reduction according to fault | waiver except alcohol, drugs and theft | A missed stop sign in a stressful lesson should not cost the claim. |
| Motorcycle training | training motorcycles insurable | tip over damage on the training ground and escort vehicle included | Most motorcycle damage happens at low speed. |
| Learner accident cover | occupant accident cover in the car | dedicated learner accident cover for lessons and tests | Learners are not covered by the statutory employers' insurance. |

## Insurers on the German market

Driving school cars are mostly written by the large German motor insurers with commercial business, some with a dedicated driving school offer. Listed are insurers under German federal supervision writing motor liability, motor comprehensive and general liability. This is a market overview, not a statement about who we work with.

- **Allianz**: addresses driving schools on a dedicated business customer page
- **Württembergische**: lists driving schools as a separate trade in its business customer offer
- **R+V**: insurer of the German cooperative banks with commercial motor tariffs
- **HDI**: motor and business liability for small and medium firms, sold through brokers
- **VHV**: Hanover based broker insurer with motor fleet business

137 insurers supervised by BaFin, the German regulator, are licensed for this class of insurance. (Kraftfahrzeug-Haftpflicht, Kraftfahrzeug-Kasko, Allgemeine Haftpflicht). Source: BaFin company database, 2026-09-18; EU insurers without a German office excluded.

## Typical claims and who pays

- **Learner bumps a parked car** (third party repair, often four figures): Paid by the motor liability policy. The instructor counts as the driver, the learner pays nothing.
- **School car damaged in a collision** (repair of your own car): Only full comprehensive pays, and only if learner errors are not excluded.
- **Car in the shop for two weeks** (cancelled lessons and tests): Only with agreed loss of use or a replacement school car.
- **Training motorcycle tips over** (fairing, levers, mirrors): Tip over damage is only included in some comprehensive wordings, and training grounds are not always covered.
- **Learner falls in the classroom** (treatment and damages): A business liability claim if the school neglected its duty of care.
- **Clutch worn out by beginners** (new clutch): Wear and tear is never covered, not even on a school car.

## Myth or truth

- „If a learner causes a crash, the learner is liable." ✘ False. Under section 2(15) StVG the instructor is deemed the driver while the learner has no licence. The school's motor liability pays.
- „An ordinary company car policy is fine for a school car." ✘ False. Use as a driving school car with dual controls must be declared and insured, or cover may be disputed after a claim.
- „A learner can be asked to pay for damage to the school car." ✔ In exceptional cases, such as gross negligence or intent. Ordinary learning mistakes stay with the school and its comprehensive cover.
- „Liability in motorcycle lessons is less clear than in cars." ✔ True. Whether the instructor counts as the driver on a motorcycle is disputed, because he cannot intervene.
- „The statutory accident insurer also covers learners." ✘ False. BG Verkehr covers employees. Learners are customers and need private accident cover if the school wants to provide it.

## Common mistakes

- Insuring the school car as an ordinary company car without declaring dual controls
- Choosing partial comprehensive only, although learners cause most collision damage
- Missing a higher excess for lesson damage in the small print
- Training motorcycle classes without checking tip over damage
- Forgetting freelance instructors in the business liability policy

## FAQ

### What insurance must a driving school in Germany have?

Motor liability for every vehicle, as for any keeper, with the use as a school car declared. Business liability, comprehensive and accident cover are voluntary, but hard to do without for a school with its own cars.

### Does the learner pay for an accident?

Normally not. The instructor is deemed the driver under section 2(15) StVG. A learner can only exceptionally be asked to pay for damage to the school car, for example after grossly negligent or intentional behaviour.

### Who pays fines from a lesson?

Fines are never insurable. Since the instructor counts as the driver, they are usually addressed to the instructor, not the learner.

### Does the instructor rule apply to motorcycle lessons?

That is disputed, because the instructor cannot intervene from the escort vehicle. Training motorcycles should therefore have cover written specifically for lessons.

### Is full comprehensive worth it for a school car?

Usually yes. Beginners cause more minor collisions. What matters is that the policy pays for learner errors without a special excess.

### What happens when a school car is off the road?

Without an agreement the school bears the loss. Good policies pay for a replacement car with dual controls or a daily amount. Check waiting days and the maximum period.

### Are learners covered by the statutory accident insurance?

No. BG Verkehr covers the school's employees and, under its statutes, entrepreneurs, but not customers. Learners can be covered through occupant or learner accident insurance.

### Why use a broker for driving school insurance?

Because the differences lie in clauses you only read after a claim: learner errors, downtime, motorcycle damage, freelance instructors. We compare the wordings, explain them in English and bundle vehicles and business so that nothing is missing or insured twice.

## Legal basis and sources

- [Insurance Contract Act (VVG, German)](https://www.gesetze-im-internet.de/vvg_2008/)
- [BaFin company database (licensed insurers)](https://portal.mvp.bafin.de/database/InstInfo/)

## Request quotes

We obtain quotes and come back with a comparison, free of charge. You can write in English. https://www.nammert.com/en/insurance-broker-driving-school-insurance.php#anfrage

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