Liability insurance for a child living with the mother: how to provide your child with the best possible cover
29.05.25
3
Minutes
Katrin Straub
Managing Director at nextsure
When a child lives with the mother, many questions arise regarding liability insurance. An unclear situation can quickly lead to financial burdens. This article explains what you should pay attention to in order to protect your child and yourself comprehensively.
The topic in brief and concise terms
If a child lives with the mother after separation, her liability insurance policy should include the child; the other parent needs their own cover.
The responsibility for supervision lies with the parent who is currently caring for the child, regardless of custody.
Make sure that damage caused by children under the age of seven is included in your liability insurance.
Clarifying the basics: understanding liability cover for children of separated parents
If the child lives with the mother after a separation, the question of liability insurance is central. As a general rule, the child is often covered under one parent’s family liability insurance. The key factor is usually where the child has its main place of residence. Many insurers regard the child as covered by the parent in whose household it primarily lives. It is important to clarify this with the insurer immediately after the separation. Both parents should check whether a separate policy is necessary. An adjustment to the existing contract can often be made within just a few days. This creates clarity for everyone involved. This ensures that, in an emergency, insurance cover is in place for the child.
Practical check: Who pays if the child causes damage?
If a child living with the mother causes damage, the question of liability arises. What is often decisive is who had the duty of supervision at the time of the damage. If the child is staying with the father who has contact rights, for example, his liability insurance may be responsible. Many policies cover damage that occurs during the agreed contact periods. For example: the eight-year-old child damages a friend’s smartphone while playing during the weekend with the father. In this case, the father’s liability insurance usually applies. It is advisable for both parents to have their own liability insurance. A private liability insurance policy is essential here. This avoids gaps in cover and disputes over responsibility. A good family liability policy covers damage up to several million euros.
Duty of supervision in the everyday life of separated parents
The duty of supervision is a key point when it comes to damage caused by children. It rests with the parent who is currently caring for the child. This applies regardless of custody or where the child is officially registered. If this parent breaches their duty of supervision, they are liable for the damage incurred. For example: a six-year-old child plays unattended in the street and causes a traffic accident. In this case, it is examined whether the caring parent breached their duty of supervision. 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 the parents on liability cover for separated parents is important. Parental responsibility does not end with separation.
Expert knowledge: Understanding incapacity for tort liability and its significance
A key legal aspect is the incapacity of children to be liable in tort. Children under seven are generally deemed not liable in tort (§ 828 para. 1 BGB). They cannot be held liable for damage they cause. For example: a five-year-old child scratches a car while playing. Legally, neither the child nor the parents (provided there has been no breach of the duty to supervise) can be held accountable. In road traffic, the threshold for incapacity to be liable in tort is even ten years, except in cases of intent. Many modern liability insurance tariffs voluntarily include damage caused by children incapable of liability. This often serves to maintain peace with neighbours or friends. Without this addition, those affected are left to bear the costs themselves. A children's private liability insurance should cover this point.
Age limits and capacity for understanding in children
Liability for children and young people is staggered. Here is an overview:
Children under seven: Generally not liable in tort.
Children from seven to ten: Not liable in road traffic, unless they act intentionally. For other damage, they are liable if they have the necessary capacity for understanding.
Children and young people from seven to eighteen: Are liable for damage if they had the capacity for understanding required to recognise responsibility (§ 828 para. 3 BGB). Capacity for understanding is often assumed from around the age of twelve.
A fourteen-year-old who breaks a window while playing football is generally regarded as capable of understanding. The assessment of capacity for understanding is always made on a case-by-case basis. It is therefore important to know how long children remain covered by the policy. The parents' duty of supervision also always plays a role in parallel.
Designing optimal protection: recommendations for separated parents
If the child lives with the mother, her liability insurance policy should explicitly include the child. The father needs his own liability insurance. This should also apply when the child is staying with him. Make sure the cover amount is sufficiently high at at least ten million euros. Fifty million euros is better, as personal injury claims can quickly become expensive. Check whether damage caused by children who are incapable of liability is covered. This is an important additional module. Also clarify whether damage within the family or damage caused while doing favours is covered. An annual review of the policy is advisable. This ensures that the cover matches the current life situation.
Checklist for your child's insurance cover
You should consider the following points for your child's liability insurance:
Is the child named in the policy of the parent with whom they mainly live?
Does the other parent have their own, valid liability insurance?
Is the sum insured sufficiently high (at least ten million euros)?
Are damages caused by children incapable of liability covered?
Does the cover also apply during stays abroad, for example on holiday with one parent?
Is loss of keys or internet damage covered? These are often optional.
How is it handled when the child comes of age or starts training? Ask from when their own liability insurance becomes necessary.
Our expert tip: Document agreements regarding the duty of supervision in writing. This can be helpful in the event of a dispute. Good liability insurance is a must for every family.
nextsure: Your partner for tailored insurance cover
As a digital insurance portal, our mission is to offer you comprehensive and easy-to-understand insurance solutions. We understand that the situation “liability insurance, child lives with mother” places specific requirements on insurance cover. With our expertise in niche insurance, we will find the right policy for you. Our advice is expert and tailored to your individual needs. We help you close coverage gaps and make optimal provision for the future. A phone call or a message is all it takes. Let us review your insurance situation together.
Request your individual risk analysis now: have your insurance situation reviewed free of charge and receive concrete suggestions for improvement.
More useful links
The Consumer Advice Centre offers comprehensive information on private liability insurance and emphasises its necessity for every household.
The Brandenburg Consumer Advice Centre explains in a press release when parents are liable for damage caused by their children.
On the Laws on the Internet platform of the Federal Ministry of Justice, you can find the exact wording of section 828 of the German Civil Code (BGB), which governs liability for damage.
Also on Laws on the Internet, section 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 contextual information.
The topic page of the Federal Statistical Office (Destatis) offers comprehensive information on households and families in Germany.
FAQ
How is my child covered if it lives with me (the mother) and visits the father?
Your child is primarily covered by your liability insurance (as the parent with whom they live). If they cause damage while staying with their father, his liability insurance usually applies, as he is then responsible for their supervision. Both parents should have their own policy.
My child is under seven. Does my insurance still cover it?
Children under seven cannot be held legally liable. Your insurance only covers this if you have breached your duty of supervision. Many good policies, however, include a clause that also covers damage caused by children who are not legally liable, in order to avoid disputes.
What happens if my ex-partner does not 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 personally. Their insurance would not cover this. That is why it is important for both parents to be insured.
Up to what age are children covered under the liability insurance?
Children are often insured on the policy until the end of their first vocational training or first degree course, even if they are adults and no longer live at home. The exact conditions vary depending on the insurer.
Does liability insurance also cover damage caused by my child at home?
No, own damage or damage between co-insured persons (e.g. within your own family in the same household) is generally not covered by private liability insurance.
What should the minimum cover amount for family liability insurance be?
Experts recommend a cover amount of at least ten million euros; fifty million euros is better, especially for personal injury claims, which can incur very high costs.
