Liability insurance Child lives with mother: How to optimally secure your child
29 May 2025
9
Minutes
Katrin Straub
CEO at nextsure
When a child lives with the mother, many questions arise about liability insurance. An unclear situation can quickly lead to financial burdens. This article explains what you need to pay attention to in order to comprehensively protect your child and yourself.
The topic in brief and concise terms
If a child lives with the mother after a separation, her liability insurance should cover the child; the other parent will need their own protection.
The responsibility of supervision lies with the parent currently caring for the child, regardless of custody.
Pay attention to the inclusion of damages caused by children under the age of seven, who are legally incapable of committing a tort, in your liability insurance.
Understanding the Basics: Liability Protection for Children of Separated Parents
If the child lives with the mother after a separation, the question of liability insurance is crucial. In principle, the child is often co-insured under one parent's family liability insurance. What usually matters is with whom the child has their main residence. Many insurers regard the child as co-insured with the parent with whom they predominantly live. It is important to clarify this with the insurer immediately after the separation. Both parents should check whether a separate policy is needed. An adjustment to the existing contract can often be made within a few days. This creates clarity for all involved. Thus, it is ensured that there is insurance coverage for the child in an emergency.
Practical Check: Who pays if the child causes damage?
If a child living with their mother causes damage, the question of liability arises. It is often crucial to determine who had the supervisory duty at the time of the damage. For example, if the child is visiting the father with access rights, the father's liability insurance might be applicable. Many policies cover damages that occur during agreed visitation times. An example: The eight-year-old child damages a friend's smartphone while playing over the weekend at the father's. In this case, the father's liability insurance usually applies. It is advisable for both parents to maintain their own liability insurance. A personal liability insurance is essential here. This avoids coverage gaps and disputes over responsibilities. A good family liability insurance covers damages up to several million euros.
Supervisory duty in the daily life of separated parents
Supervisory duty is a central point when it comes to damages caused by children. It rests with the parent currently supervising the child. This is true regardless of custody or where the child is registered. If this parent neglects their supervisory duty, they are liable for the damage caused. An example: A six-year-old child plays unsupervised on the street and causes a traffic accident. Here, it is examined whether the supervising parent has neglected their duty of care. The level of supervision depends on the child's age and maturity. A four-year-old child requires more intensive supervision than a twelve-year-old. A clear agreement between parents regarding liability for separated parents is important. Parental responsibility does not end with separation.
Expert Knowledge: Understanding Incapacity to Commit an Offence and its Significance
An important legal aspect is the incapacity for tort of children. Generally, children under seven years old are considered to be incapable of tort (§ 828 Abs. 1 BGB). They cannot be held liable for damages they cause. For instance, if a five-year-old child scratches a car while playing, legally neither the child nor the parents (unless there is a breach of supervisory duty) can be held responsible. In traffic situations, the threshold for incapacity for tort is even set at ten years, except in cases of intent. Many modern liability insurance policies voluntarily cover damages caused by children who are incapable of tort. This often serves to maintain peace with neighbours or friends. Without this provision, those affected bear the costs themselves. A personal liability insurance for children should cover this aspect.
Age Limits and Capacity for Understanding in Children
The liability of children and adolescents is tiered. Here is an overview:
Children under seven years old: Generally incapable of tort.
Children from seven to ten years old: Incapable of tort in moving traffic, unless they act intentionally. For other damages, they are liable if they possess the necessary capacity for understanding.
Children and adolescents from seven to eighteen years old: Liable for damages if they had the insight required to understand their responsibility (§ 828 Abs. 3 BGB). Capacity for understanding is often assumed from about twelve years old.
A fourteen-year-old adolescent who breaks a window while playing football is generally considered to have the capacity for understanding. The assessment of understanding capacity is always made on a case-by-case basis. It is therefore important to know how long children are insured. The supervisory duty of parents always plays a concurrent role.
Design optimal protection: Recommendations for separated parents
If the child lives with the mother, her liability insurance policy should explicitly include the child. The father requires his own liability insurance. This should also apply when the child is with him. Ensure a sufficiently high coverage amount of at least ten million euros. Fifty million euros is better, as personal injury can quickly become expensive. Check whether damages caused by children incapable of committing a tort are covered. This is an important additional component. Also clarify whether damages within the family or acts of kindness damages are insured. An annual check of the policy is recommended. This ensures that the coverage fits the current life situation.
Checklist for the Child's Insurance Coverage
The following points should be considered for your child's liability insurance:
Is the child named in the policy of the parent with whom they primarily live?
Does the other parent have their own, valid liability insurance?
Is the coverage amount sufficiently high (at least ten million euros)?
Are damages caused by children incapable of committing a tort covered?
Does the coverage also apply when travelling abroad, for example on holiday with one parent?
Are key loss or internet damages covered? These are often optional.
What are the stipulations when the child becomes an adult or starts an apprenticeship? Ask when their own liability insurance becomes necessary.
Our Expert Tip: Document agreements about supervisory duties in writing. This can be helpful in the event of a dispute. Good liability insurance is essential for every family.
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More useful links
The Consumer Advice Centre offers comprehensive information on personal liability insurance and emphasises its necessity for every household.
The Consumer Advice Centre Brandenburg explains in a press release when parents are liable for damages caused by their children.
On the Gesetze im Internet platform of the Federal Ministry of Justice, you can find the exact wording of § 828 of the Civil Code (BGB), which regulates liability for damages.
Also on Gesetze im Internet, § 1629a BGB is available, which deals with the limitation of liability for legal representatives.
The Federal Statistical Office (Destatis) provides current data and tables on families in Germany, which are useful for context information.
Comprehensive information on households and families in Germany is available on the thematic page of the Federal Statistical Office (Destatis).
FAQ
How is my child insured if they live with me (mother) and visit their father?
Your child is primarily insured through your liability insurance (as the parent with whom they live). If they cause damage while visiting their father, his liability insurance usually covers it, as he has the duty of supervision at that time. Both parents should have their own policy.
My child is under seven. Does my insurance still cover this?
Children under seven are not legally liable for wrongful acts. Your insurance is only responsible if you have failed in your duty of supervision. However, many good policies include a clause that covers damages caused by children who are not legally liable, to avoid disputes.
What happens if my ex-partner doesn't have liability insurance?
If the ex-partner does not have liability insurance and the child causes damage while under their supervision, they would have to cover the damage privately. Your insurance would not cover this. Therefore, it is important that both parents are insured.
Up to what age are children covered by liability insurance?
Children are often co-insured until the end of their first vocational training or undergraduate studies, even if they are adults and no longer live at home. The exact conditions vary depending on the insurer.
Does liability insurance also cover damages caused by my child at home?
No, personal damages or damages between co-insured persons (e.g. within the same family in the same household) are generally not covered by private liability insurance.
What should the minimum coverage amount for family liability insurance be?
Experts recommend a coverage amount of at least ten million euros, with fifty million euros being better, especially for personal injuries, which can incur very high costs.
