Gross negligence in home insurance: How to protect yourself from benefit reductions and optimally secure your home
1 May 2025
8
Minutes
Katrin Straub
CEO at nextsure
A brief moment of carelessness can be costly. Learn what gross negligence means for your home insurance and how you can still enjoy full protection despite small mistakes. We show you what matters.
The topic in brief and concise terms
Gross negligence occurs when fundamental duties of care are disregarded to a high degree; insurers may then reduce the benefits (§ 81 VVG).
Look for policies that "waive the objection of gross negligence" to enjoy full insurance coverage even in the event of your own mistakes.
Typical examples of gross negligence include unattended candles, washing machines running while away, or unlocked doors.
Understanding Gross Negligence: Definition and Distinction
Gross negligence occurs when the diligence required in traffic is violated in a particularly severe manner. It refers to behaviour where obvious considerations are not made and what should have been clear to anyone is disregarded. A typical example is leaving the house while candles are burning unattended, causing damage worth several thousand euros. Unlike simple negligence, which represents a mere minor lack of care, gross negligence is more severe. Distinct from this is intent, where damage is consciously caused or accepted; in such cases, no insurance will cover it. The distinction is often a case-by-case decision with significant financial implications.
The legal basis: § 81 VVG and the principle of proportionality
The Insurance Contract Act (VVG) regulates in § 81 paragraph 2 the consequences of grossly negligent causation of the insured event. Unlike before the VVG reform in two thousand and eight, where often the entire claim was forfeited, the insurer is now only allowed to reduce the benefit in proportion to the degree of negligence. This principle is called apportionment. The burden of proof for the presence of gross negligence and the degree of reduction lies with the insurer. A reduction of zero percent is possible, as is a reduction of one hundred percent in particularly serious cases. For you as the policyholder, this means a fairer regulation, but still a financial risk. An appropriate home contents insurance can offer security here.
Practical examples: When does it become critical for policyholders?
The range of grossly negligent actions is large 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 absent, potentially leading to water damage of over five thousand euros.
Leaving the house with the door only pulled shut but not locked, which facilitates a break-in theft.
A window left ajar during an extended absence, allowing easy access for burglars or causing water damage during a storm.
Disposing of hot ashes in a combustible bin, which can cause a fire with costs of ten thousand euros or more.
Leaving candles burning unattended, particularly on Advent wreaths or Christmas trees, is a classic.
A faulty electrical appliance, known to be defective, continues to be used and causes a fire.
These examples show how quickly an everyday situation can become a problem with the home insurance. Even a brief moment of carelessness can be deemed grossly negligent. Careful examination of each individual case is crucial here.
Benefit reduction: How insurers determine the rate
If the policyholder has caused the damage through gross negligence, the insurer will assess to what extent the benefit will be reduced. The range can be from zero to one hundred percent. Courts have already made numerous rulings on this matter. For example, tilting a roof window despite a storm warning can result in a fifty percent reduction. In very serious violations, which almost border on intent, a reduction to zero is also possible, equating to a complete loss of benefits. The exact amount of the reduction depends on the circumstances of the individual case, taking into account both objective and subjective factors. Transparent communication with the insurer is important here. Also, find out about the difference between building and contents insurance, as similar principles may apply.
Expert Depth: Current Judgments and Their Significance
The case law is constantly evolving and clarifying the interpretation of gross negligence. A decision by the Amtsgericht Oberhausen considered a reduction in benefits of fifty percent justified when a policyholder left a roof window ajar despite a storm warning, resulting in damage. The Bundesgerichtshof (BGH) defines gross negligence as an act in which the necessary care is violated to an unusually high degree and that which should have been obvious to everyone in the specific case is not observed. This definition leaves room for interpretation, which is why each case is assessed individually. Our expert tip: Document the course of events precisely and keep all relevant documents. This can be crucial in case of a dispute, especially when it comes to the damage report to the insurer.
Important aspects in judicial assessment often include:
The recognisability and extent of the danger.
The personal circumstances and abilities of the actor.
The presence of warning signs or special circumstances.
The severity of the breach of duty of care compared to average behaviour.
These factors are incorporated into the decision on the reduction rate.
Protection against reduction: Waiver of the defence of gross negligence
Many modern household insurance policies offer a clause that provides policyholders with a significant advantage: the 'waiver of objection to gross negligence'. If this waiver is included in the contract, the insurer will pay up to the agreed sum insured even if the damage was caused by gross negligence. This offers comprehensive protection against financial losses. When taking out a home contents insurance policy, be sure to look for this clause. Our expert tip: Check the terms carefully, as sometimes the waiver is only valid up to a certain level of damage or excludes certain breaches of obligations. It's always worthwhile to compare different tariffs. Some insurers offer this important protection in their basic policies, while others provide it as an additional module.
Recommendations for Action: How to Minimise Your Risk
To minimise the risk of a reduction in benefits due to gross negligence, you should observe some basic behaviour rules and select your insurance policy carefully. Here are some specific tips:
Observe duty of care: Close windows and doors when leaving your home, do not leave electrical appliances running unattended, and handle fire sources with care. Even small measures significantly reduce the risk.
Regular checks: Regularly inspect hoses of washing machines 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 older than five to ten years often do not include any or only insufficient protection against gross negligence.
Pay attention to waiver clauses: Choose a plan that expressly waives the objection of gross negligence. This is the best protection.
Report damage immediately: Inform your insurer immediately and truthfully about any damage.
By acting consciously and choosing the right insurance cover, such as that offered by a modern home contents insurance policy, you can effectively protect yourself. Also, consider additional policies such as natural hazard insurance.
Your next step to comprehensive protection
More useful links
Wikipedia offers a comprehensive overview of the concept of negligence in German law.
The Federal Ministry of Justice and Consumer Protection provides the full text of § 81 of the Insurance Contract Act (VVG), which regulates the consequences of gross negligence.
Haufe offers detailed information on gross negligence in insurance law.
Finanztip provides independent information and advice on home insurance.
FAQ
What does 'waiver of gross negligence' mean?
This clause means that your household insurance will still cover you even if you have caused damage through gross negligence. There is often no reduction, or only a limited reduction, of the compensation up to the agreed insurance sum.
What role does § 81 VVG play in cases of gross negligence?
§ 81 paragraph 2 of the VVG allows the insurer to reduce the benefit if the policyholder has caused the damage through gross negligence. The reduction is made according to the severity of the fault (apportionment).
Do I always have to expect a 100% reduction in cases of gross negligence?
No, a one hundred percent reduction is only possible in particularly serious cases of gross negligence that border on intent. Graduated reductions are common, depending on the severity of the fault.
Does the contents insurance pay out if I've only pulled the door to and not locked it?
Leaving the apartment with just the door pulled shut can be considered gross negligence, which may result in reductions in benefits if a burglary occurs. A policy that waives the objection of gross negligence is advantageous here.
Are damages caused by unattended candles always considered gross negligence?
Yes, leaving candles burning unattended is often classified as gross negligence, especially if it results in a fire. However, the specific circumstances are evaluated on a case-by-case basis.
What can I do if my insurance raises the issue of gross negligence?
First, check your insurance policy to see if a waiver of the objection of gross negligence is agreed upon. Lodge an objection and provide a detailed account of the incident. If necessary, seeking legal advice or involving an ombudsman may be worthwhile.
