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Gross negligence in home contents insurance: How to protect yourself from benefit reductions and optimally secure your home
A brief moment of carelessness can be costly. Discover what gross negligence means for your home insurance and how you can enjoy full coverage despite minor mistakes. We explain what really matters.
The topic in brief and concise terms
Gross negligence occurs when fundamental duties of care are grossly neglected; insurers may then reduce the benefits (§ 81 VVG).
Look for policies that include a 'waiver of gross negligence defense' to ensure full insurance coverage even in case of your own mistakes.
Typical examples of gross negligence include unattended candles, washing machines running when absent, or unlocked doors.
Understanding Gross Negligence: Definition and Distinction
Gross negligence occurs when the care required in traffic is violated in an especially severe manner. It involves behaviour where obvious considerations are not made and things are ignored which should have been clear to everyone. A typical example is leaving the house while candles are burning unattended, causing damage of several thousand euros. Unlike simple negligence, which represents only a minor disregard for care, gross negligence is more serious. It is important to differentiate this from intent, where damage is caused deliberately or accepted as a possibility; no insurance covers this. The distinction is often a case-by-case decision, which can have significant financial consequences.
The legal basis: § 81 VVG and the principle of apportionment
The Insurance Contract Act (VVG) regulates in § 81 paragraph 2 the consequences of grossly negligent causing of the insured event. Unlike before the VVG reform in two thousand and eight, where often the entire claim would be forfeited, the insurer today may only reduce the benefit according to the severity of the negligence. This principle is called proportionality. The burden of proof for the existence of gross negligence and the degree of reduction lies with the insurer. A reduction by zero percent is just as possible as a reduction by one hundred percent in particularly serious cases. For you as the policyholder, this means a fairer regulation, but still a financial risk. A suitable household insurance can offer security here.
Practical examples: When does it become critical for policyholders?
The range of grossly negligent actions is wide and often leads to discussions with the insurer. Here are some typical scenarios from practice:
Leaving the washing machine running unattended for several hours while being away, which can result in water damage costing over five thousand euros.
Leaving the apartment with the door only pushed shut but not locked, facilitating burglary.
A window left ajar during a prolonged absence, allowing access to burglars or resulting in water damage during a storm.
Disposing of hot ashes in a flammable waste bin, which can cause a fire with costs of ten thousand euros and more.
Allowing candles to burn unattended, especially on Advent wreaths or Christmas trees, is a classic scenario.
A defective electrical appliance, known to be faulty, is continued to be used and triggers a fire.
These examples show how quickly an everyday situation can become a problem with the household insurance. Even momentary carelessness can be considered grossly negligent. The thorough evaluation of each individual case is crucial here.
Benefit reduction: How insurers set the rate
If the policyholder has caused the damage through gross negligence, the insurer will assess the extent to which the benefit will be reduced. The range spans from zero to one hundred percent. Courts have already made numerous decisions on this matter. For example, tilting a roof window despite a storm warning may result in a fifty percent reduction. In cases of very serious breaches that nearly amount to intent, a reduction to zero is also possible, equating to a complete loss of benefits. The exact amount of reduction depends on the circumstances of the individual case, taking both objective and subjective factors into account. Transparent communication with the insurer is important here. Also, inform yourself about the difference between building insurance and household contents insurance, as similar principles may apply.
Protection against reduction: Waiver of the objection of gross negligence
Many modern home insurance policies offer a clause that provides a significant advantage to policyholders: the "waiver of the objection of gross negligence." If this waiver is included in the contract, the insurer will pay up to the agreed insurance sum even if the damage was caused by gross negligence. This offers comprehensive protection against financial losses. When taking out home insurance, be sure to look out for this clause. Our expert tip: Check the conditions carefully, as sometimes the waiver only applies up to a certain damage amount or excludes certain breaches of obligations. Comparing different tariffs is always worthwhile here. Some insurers already offer this important protection in their basic tariffs, while others provide it as an additional module.
Recommendations for Action: How to Minimise Your Risk
To minimise the risk of benefit reduction due to gross negligence, you should follow some basic rules of conduct and select your insurance policy carefully. Here are some concrete tips:
Observe your duties of care: Close windows and doors when leaving your home, do not leave electrical appliances running unattended, and handle sources of fire carefully. Even small measures can significantly reduce the risk.
Regular checks: Regularly check the hoses of washing and dishwashers for leaks and replace them according to the manufacturer's instructions. A burst hose can quickly lead to costs exceeding two thousand euros.
Review old policies: Particularly contracts that are older than five to ten years often do not provide adequate protection against gross negligence.
Pay attention to waiver clauses: Choose a plan that explicitly waives the objection of gross negligence. This is the best protection.
Report damage immediately: Inform your insurer promptly and truthfully about any damage.
By acting conscientiously and choosing the right insurance cover, for example, as offered by a modern contents insurance, you can ensure effective protection. Also consider additional policies such as a natural hazard insurance.
Your next step to comprehensive protection
The risk of causing damage through gross negligence is ever-present in daily life. Without the appropriate insurance coverage, the financial consequences can be significant. Home contents insurance that also covers gross negligence is, therefore, an important protection for your home and belongings. At nextsure, we focus on transparent and powerful insurance solutions that truly support you in case of emergency. We help you optimise your insurance coverage.
Request an individual risk analysis now: Have your insurance situation reviewed free of charge and receive concrete suggestions for optimisation.
More useful links
Wikipedia provides a comprehensive overview of the concept of negligence in German law.
The Federal Ministry of Justice and Consumer Protection offers the complete text of § 81 of the Insurance Contract Act (VVG), which regulates the consequences of gross negligence.
Haufe provides detailed information on gross negligence in insurance law.
Finanztip delivers independent information and advice on home contents insurance.
FAQ
What does 'Waiver of the Defence of Gross Negligence' mean?
This clause means that your home contents insurance will still pay out even if you have caused damage through gross negligence. There is often no reduction or only a limited reduction in compensation up to the agreed insurance sum.
What role does § 81 VVG play in cases of gross negligence?
Section 81 paragraph 2 of the VVG allows the insurer to reduce benefits if the policyholder has caused the damage through gross negligence. The reduction is based on the severity of the fault (grading).
Do I always have to expect a 100% reduction in cases of gross negligence?
No, a 100% reduction is only possible in particularly severe cases of gross negligence that border on intent. Typically, reductions are graded based on the severity of the fault.
Will the home contents insurance pay if I only pulled the door closed and didn’t lock it?
Leaving the house with the door only pulled shut can be considered gross negligence, which may lead to reductions in benefits if a burglary occurs. A policy with a waiver of the defence of gross negligence can be beneficial in this situation.
Are damages caused by unattended candles always grossly negligent?
Yes, leaving candles burning unattended is very often classified as gross negligence, especially if it results in a fire. However, the exact circumstances are assessed on a case-by-case basis.
What can I do if my insurance claims gross negligence?
First, check your insurance policy to see if a waiver of the defence of gross negligence is included. File an objection and describe the event in detail. Seeking legal advice or involving an ombudsman may be advisable.
