# Childminder liability in Germany: you take on the supervision, and the risk with it

> If you look after other people's children as a Tagesmutter or Tagesvater in Germany, the care contract makes you responsible for supervising them. When a child gets hurt or damages something, claims come to you. A standard personal liability policy only covers this if childminding is expressly included.

Quelle/Source: https://www.nammert.com/en/insurance-broker-childminder-liability.php  
Updated: 2026-11-13

## Does my personal liability policy cover childminding?

Only if the policy names day care for children (Kindertagespflege), often with a cap on the number of children and a separate limit. Many policies cover only occasional, unpaid babysitting. Some local authorities insure publicly funded places through their own contract, Hamburg for example, but not privately paid ones. Check both in writing before your first child starts.

## At a glance

- **Care permit:** § 43 SGB VIII, up to five children present at the same time, valid for five years
- **Liability:** supervision taken on by contract, § 832 (2) German Civil Code
- **Accident cover for the children:** statutory under § 2 (1) no. 8a SGB VII, if the childminder is deemed suitable
- **Your own accident cover:** self-employed childminders register with the BGW within one week
- **Paid back by the youth office:** accident insurance and half of pension contributions under § 23 SGB VIII

## Why the childminder is liable, not the child

Under § 832 (2) of the German Civil Code, anyone who takes on supervision by contract carries the same responsibility as the parents. If a child in your care damages a third party's property, the law presumes your supervision fell short. You are cleared only if you prove that you supervised properly or that the damage would have happened anyway.

Children under seven are not liable themselves under § 828 of the Civil Code. So when a toddler scratches a neighbour's car, the claim almost always goes to the person in charge. How closely you must watch depends on the child's age and the situation, and courts look at each case on its own.

## Statutory accident cover is not liability cover

When a child in day care is injured, statutory accident insurance usually pays for treatment and rehabilitation. This applies under § 2 (1) no. 8a SGB VII if the childminder is suitable under the child and youth welfare code, in practice with a permit or placement through the youth office (Jugendamt). Without the youth office involved, this cover can be missing.

Property damage, harm to third parties and defending unjustified claims remain a matter for liability insurance. Self-employed childminders must also register for their own statutory accident cover with the BGW, the accident insurer for health and welfare services. A private accident policy does not replace that.

## What the local authority pays for

Under § 23 SGB VIII the youth office refunds proven contributions to suitable accident insurance and half of pension contributions. The law does not list liability insurance. Some authorities pay it as part of running costs, some have a group contract, others leave it to you.

In Hamburg, publicly funded day care comes with liability cover for both childminder and child, while purely private arrangements are excluded. If you offer both kinds of places, you need your own cover for the private ones. Ask your youth office for the actual terms.

## What is covered

- Injury, property damage and resulting financial loss that children in your care cause to others, where you are accused of failing to supervise
- Harm that you or members of your household cause to the children
- Defence against unjustified claims, including in court
- Damage to the children's belongings, such as glasses or a pushchair, depending on the policy
- Care in your own home, the parents' home or rented rooms, depending on the policy
- Lost keys belonging to the parents or to rented premises, depending on the policy

## What is not covered

- Damage to your own property, unless specifically included
- Accidents while using a car, which belong to motor liability
- Caring for more children than the policy allows
- Damage caused on purpose
- Your own injuries, which fall under the BGW

## Who needs it

- Childminders with a care permit from the youth office, at home or in rented rooms
- Childminders who take privately paid children alongside funded places
- Groups of childminders sharing premises (Großtagespflege)
- Nannies who regularly care for children in one family's home

## Who does not need it

- Grandparents and neighbours who babysit now and then without pay: personal liability usually covers this
- Childminders whose local authority confirms in writing that every place is fully covered

## What it costs

Childminding is usually added to a personal liability policy, less often insured as a separate contract. The extra premium depends mainly on how many children you look after and where.

**What drives the premium:**

- Number of children cared for at the same time
- Place of care: your home, the parents' home, rented rooms
- Shared premises with other childminders
- Sum insured and excess
- Extras such as lost keys, children's belongings, damage to rented rooms

_We give no reference prices because insurers calculate the extra very differently and many authorities pay part of it. Your premium is fixed only in the quote._

## The policy levels on the market

- **Basic:** Childminding as an add-on to personal liability with a lower separate limit and few children. Covers the core risk but often leaves out keys, children's belongings and rented rooms.
- **Comfort:** Full personal liability limit, up to five children, your home and the parents' home, parents' keys included. Suits most childminders.
- **Shared premises:** Separate contract or professional liability with rented rooms, damage to those rooms, stand-ins and helpers included.

## How to recognise a good policy

| Criterion | Minimum standard | Strong policy | Why it matters |
| --- | --- | --- | --- |
| Paid childminding | occasional babysitting only | paid day care with a permit expressly covered | Many personal liability policies only mean helping out now and then. |
| Sum insured | separate lower limit for childminding | full personal liability limit | A seriously injured child can lead to claims in the millions. |
| Number of children | two or three | as many as your permit allows | Caring for more than agreed can put all cover at risk. |
| Place of care | your own home only | also the parents' home and rented rooms | Many childminders work in more than one place. |
| Damage by children under seven | only if you are liable | also without liability, up to a limit | Otherwise the neighbour is left with the bill and relations suffer. |
| Stand-ins and helpers | not covered | stand-ins, household members and helpers covered | Someone steps in when you are ill or on holiday. |

## Insurers on the German market

Many liability insurers in Germany cover childminding as an add-on to personal liability, some as a separate contract. How far cover goes is set in each policy's wording, not its name.

- **Haftpflichtkasse**: mutual insurer focused on liability, sells through brokers
- **VHV**: broker-focused insurer with modular personal liability
- **InterRisk**: broker insurer based in Wiesbaden
- **Ammerländer**: mutual insurer from Lower Saxony, sells through brokers
- **R+V**: cooperative insurer, sold through local banks and brokers
- **Allianz**: agents and brokers
- **Gothaer**: agents and brokers

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

## Typical claims and who pays

- **Child falls off the slide** (treatment via accident insurance, plus a dispute over supervision): Statutory accident insurance pays treatment. If the parents claim you failed to supervise, liability cover defends or pays.
- **Toddler scratches a neighbour's car** (around €500 to €2,500): The child is not liable, nor are you if you supervised properly. Strong policies pay anyway up to a limit, basic ones only if you are liable.
- **Parents' keys lost** (four figures with a master key system): Other people's keys are often missing from basic cover. Good policies include the parents' keys and those of rented rooms.
- **Child's glasses broken** (around €150 to €600): Children's belongings are not in every policy. Strong policies name them.
- **Water damage in rented rooms** (four to five figures): Personal liability rarely covers rented premises. Shared-premises contracts include it, often with a separate limit.
- **Car crash with children aboard** (up to six figures): Damage while using a car belongs to motor liability. Childminder liability does not pay here.

## Myth or truth

- „If a child is hurt, that is for the accident insurer, not my liability policy." ✘ Only in part: statutory accident insurance pays treatment if you count as suitable. Property damage, harm to others and defending claims stay with liability cover.
- „As a childminder I can be liable for damage a child causes to others." ✔ True, if you are blamed for poor supervision. By contract you take on supervision under § 832 (2) of the Civil Code, and a breach is presumed at first.
- „My personal liability covers any care of other people's children." ✘ False: many policies cover only occasional unpaid babysitting. Paid day care has to be expressly included, often with a cap on children.
- „Without the youth office involved, children may have no statutory accident cover." ✔ True: cover under § 2 (1) no. 8a SGB VII requires a suitable childminder. If you work without a permit or placement, clarify this first.
- „The youth office always refunds my liability premium." ✘ No: § 23 SGB VIII expressly names only accident insurance and pension contributions. Each local authority decides how to treat liability.

## Common mistakes

- Assuming personal liability covers childminding without reading the clause
- Believing statutory accident insurance also pays liability claims
- Taking more children than the permit and policy allow
- Relying on the local authority contract when private places are not included
- Forgetting to register with the BGW

## FAQ

### How many children may I look after?

The care permit under § 43 SGB VIII covers up to five children present at the same time, sometimes fewer. State law can allow more if you have a teaching qualification. The permit is valid for five years. Your insurance should cover at least as many children as your permit.

### Who pays if a child is injured in my care?

Treatment and rehabilitation are usually paid by statutory accident insurance if you count as a suitable childminder. If the parents say you failed to supervise, or if property is damaged, liability insurance steps in and also defends unjustified claims.

### Is a toddler liable for damage they cause?

No. Children under seven are not liable under § 828 of the German Civil Code, so claims go to the person supervising. Good policies also pay small amounts where you did nothing wrong, to keep the peace with neighbours and parents.

### Will the youth office refund my liability premium?

§ 23 SGB VIII names accident insurance and half of pension contributions, not liability. Whether liability is paid through running costs or a group contract depends on your local authority. Ask your youth office for the details.

### Do I need to register with an accident insurer?

Yes, if you are self-employed and look after children from several families. You register with the BGW within one week of starting. A private accident policy does not replace this.

### Am I covered when I care for children in the parents' home?

Not under every policy. Some cover only your own home. If you work in both places, the policy should name both, ideally with damage to the parents' home and their keys.

### Why use a broker?

Because the differences lie in clauses few people read: paid activity, number of children, place of care, keys. We check them on your behalf and compare them with your local authority's contract. The insurer pays our fee.

## 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-childminder-liability.php#anfrage

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