Liability insurance for mother and child: Optimising comprehensive protection for families
25 Apr 2025
3
Minutes
Katrin Straub
CEO at nextsure
A brief moment of carelessness by your child can have significant financial consequences. Appropriate liability insurance for mother and child provides protection against unexpected costs. Learn how to ensure the right protection for your family.
The topic in brief and concise terms
Children are generally covered by their parents' family liability insurance, and the duration depends on their education and marital status.
The clause for damages caused by children who lack legal capacity (under seven years old, or under ten years in road traffic) is a must-have in every family liability insurance.
Having personal liability insurance becomes necessary for children after completing their initial education, upon marriage, or when establishing their own household.
Basics of family liability insurance: Effectively insuring children
A family liability insurance provides essential basic protection for you and your children. Typically, minor children are automatically included in the parents' contract. This applies to biological children, as well as adopted, step, and foster children who live in the same household. Many policies cover damages up to an amount of 50 million euros. Make sure that the selected policy truly suits your family situation. A comprehensive private liability insurance is the first step. Co-insurance does not necessarily end when a child turns 18. Children often remain protected during their initial training or studies.
Understanding Incapacity for Delict: When Are Parents Liable for Their Children?
A central point in liability insurance for mothers and children is the incapacity to commit a delict. Children under seven years of age are legally considered incapable of committing a delict. This means they cannot be held legally responsible for caused damages. In moving traffic, this age limit is even set at ten years. Parents are only liable if they have neglected their duty of supervision. A good family liability insurance should therefore definitely cover damages caused by children incapable of committing a delict. Many insurers offer special clauses for this, covering damages up to a certain amount, for example, 50,000 euros or more. This protects against financial claims, even if there would be no legal liability, but peace with neighbours or friends is to be maintained. The question of whether children are automatically covered by liability insurance needs to be specified with regard to their incapacity to commit a delict.
Duration of co-insurance: When does the cover through the parents end?
The insurance coverage of children under the parental liability insurance is limited in time. Typically, children are covered until they complete their first professional training or their undergraduate studies. This also applies if they are already adults but have not completed professional training and are unmarried. A part-time job during their studies does not usually terminate the insurance coverage. The coverage can also include waiting periods between school graduation and the start of training, often up to a year. It is important to check your contract's specific terms to understand how long children are insured. The coverage ends at the latest when they enter permanent employment or get married.
Own policy for children: Analyze necessity and timing
There are clear situations where children need their own liability insurance. As soon as a child finishes their initial education or studies, takes up regular work, and establishes their own household, a separate policy is required. Likewise, getting married means the child is no longer covered under the parents' insurance. When the child leaves the parental home and completes their education, taking out their own insurance is usually essential. Some insurers offer transition periods, for example, until the end of the current insurance year, if the child moves out. The question of when separate liability is necessary should be clarified early. Comparing different offers can help find the right cover for the young person.
The following situations typically require separate liability insurance for the child:
Completion of initial vocational training and commencement of permanent employment.
Completion of undergraduate studies and entry into the workforce.
Marriage of the child, regardless of educational status.
Establishing their own household after completing education.
Taking up a position as a trainee teacher or temporary soldier.
If the child lives and works abroad permanently (depending on contractual conditions).
The specific criteria may vary slightly depending on the insurer, so checking the contract details is crucial.
Special Cases and Duty of Supervision: What Mothers Need to Know
Supervision plays a crucial role in damages caused by children. Parents are liable if they have demonstrably violated this duty. The extent of the required supervision depends on the child's age, character, and development, as well as the specific situation. For example, a five-year-old child needs more intensive observation than a 15-year-old teenager. A ruling by the Federal Court of Justice (Ref. VI ZR 51/08) states that for a five-and-a-half-year-old child in a playground, checks may need to be conducted at intervals of no more than 30 minutes. Even if the child is not liable for torts, a breach of supervisory duty can lead to parental liability. It is important for separated parents to know that the parent who had the supervisory duty at the time of the damage is liable. Both separated parents should therefore consider including a separate personal liability insurance for children in their policy. Damages within the family, such as if the child damages the mother's TV, are not usually covered.
Optimize scope of services: Important inclusions for mothers and children
When selecting liability insurance for mother and child, you should ensure adequate coverage. A high insurance sum, ideally at least 50 million euros for personal, property, and financial damages, is advisable. Damage caused by children who are not liable should be covered up to a reasonable sum, for example, 50,000 euros or more. Other sensible inclusions can be:
Claim default coverage: Provides benefits if a third party causes you damage but is unable to pay for it and has no liability insurance themselves.
Key loss: Covers the costs for replacing private or professional keys and locking systems.
Voluntary assistance damages: Covers damages caused by you during unpaid help (e.g., moving assistance).
Damages to rented, borrowed, or leased items (rental property damages).
Stays abroad: Worldwide protection should be ensured for a certain period.
Carefully check the contract terms to ensure that all risks relevant to your family are covered. An understanding of the need for liability insurance helps with the selection. This ensures comprehensive family protection.
Expert Tips for Liability Insurance for Mother and Child
To ensure the optimal protection through liability insurance for mother and child, here are some expert tips. Our expert tip: Regularly review your insurance coverage, at least every two to three years. Life circumstances change, and your contract should reflect that. Report the birth of a child to your insurer promptly to ensure coverage from the start. Many policies include automatic coverage, but it is still advisable to inform your insurer. Clarify the exact status of coverage for adult children in education. A call to your insurer can often provide clarity for the next one to two years. Always document damages carefully with photos and notes about the incident. This greatly facilitates the settlement of claims. Compare not only the price but above all the benefits and exclusions of different policies. A cheap insurance with many coverage gaps can become expensive in case of a claim. Also consider coverage for liability damages within the family, even if these are often excluded, there are special situations. We are happy to provide personal advice for you.
More useful links
Bundesgesundheitsministerium: Learn more about the prevention of child accidents on the Federal Ministry of Health's website.
kindersicherheit.de: Find detailed accident statistics on child safety on this specialised platform.
Destatis: The press releases from the Federal Statistical Office (Destatis) provide up-to-date figures and facts.
Verbraucherzentrale: The Consumer Advice Centre provides comprehensive information on the necessity and scope of private liability insurance.
gesetze-im-internet.de: Here you can find the full text of the Civil Code (BGB) as a PDF document.
Unfallforschung der Versicherer (UDV): The UDV publishes research results and press releases on accident prevention, including in the area of child safety.
Deutscher Verkehrssicherheitsrat (DVR): The DVR offers information and campaigns on road safety for children.
FAQ
Are damages caused by my child at home covered by insurance?
No, damages caused by additional insured persons to each other or to their own property (self-inflicted damages) are generally excluded from personal liability insurance.
My child is of adult age and is doing a voluntary social year (FSJ). Are they still covered by insurance?
Yes, in many policies, a Voluntary Social Year (FSJ), Voluntary Ecological Year (FÖJ), or Federal Voluntary Service is considered part of education, allowing the child to continue being covered by parental liability insurance, provided they are unmarried. Check the specific conditions of your contract.
What if my child breaks something expensive at a friend's house?
If your child causes damage at a friend's place (e.g., breaks an expensive vase), your family liability insurance will cover the costs provided the liability conditions are met. For children who are not legally liable, the relevant clause is important.
Do I need to take out a separate liability insurance for my au pair?
Many family liability insurance policies include au pairs who live in the household for a certain period (often up to one year), provided they do not have their own insurance coverage. You should clarify this with your insurer.
What should the insurance sum be for liability insurance for families?
Experts recommend a flat sum insured of at least 50 million euros for personal, property, and financial damages to be adequately covered even in the event of very large claims.
What exactly does 'Aufsichtspflichtverletzung' mean?
A breach of the duty of supervision occurs when parents fail to supervise their children appropriately according to their age and development, resulting in damage. The exact requirements depend on the situation and are assessed on a case-by-case basis, often with reference to court rulings.
