Does dog liability insurance pay compensation for pain and suffering? Your comprehensive guide
04.06.25
7
Minutes
Katrin Straub
Managing Director at nextsure
A dog bite or an accident caused by a dog can quickly lead to claims for compensation for pain and suffering. Find out here when dog liability insurance steps in and what amounts are typical. That way, you and your four-legged friend are fully protected.
The topic in brief and concise terms
Pet liability insurance usually pays compensation for pain and suffering if your dog injures a third party; the amount depends on the severity of the injury and can amount to several thousand euros.
As a dog owner, you are liable under Section 833 of the German Civil Code (BGB) for damage caused by your animal, even without any personal fault (strict liability).
Claims default cover in your dog liability insurance protects you if the owner of another dog that causes damage is uninsured or unable to pay.
Compensation for pain and suffering through dog liability insurance: The key facts
Third-party dog liability insurance generally covers compensation for pain and suffering payments if your dog injures third parties. This applies both to bite injuries and to other accidents, for example if your dog knocks someone over. The insurance covers personal injury, property damage and resulting financial losses. It is important that the damage was caused to a third party; damage to yourself or to co-insured persons is usually excluded. The amount of compensation for pain and suffering varies greatly and depends on the severity of the injury, often between €1,000 and €25,000. A dog owner's liability insurance policy is therefore essential for every dog owner. Without insurance, you as the owner are directly liable with your private assets. This section explains the basic payment obligations.
Practical cases: When does dog liability insurance actually pay out?
Imagine your dog slips its lead on a walk and bites a passer-by. Dog liability insurance covers the medical costs and pays the injured party compensation for pain and suffering. Another example: your dog jumps up happily at a visitor, who falls and breaks their arm. Here too, your insurance pays for the personal injury, including compensation for pain and suffering. The insurance also pays if a cyclist is startled by your dog's behaviour, falls and is injured. Even psychological consequences such as anxiety or trauma can give rise to a claim for compensation for pain and suffering. The dog liability insurance does not pay in cases of intent or if you acted with gross negligence, for example by ignoring an existing leash requirement, which can lead to reduced benefits. The following examples illustrate the range of possible scenarios.
Personal injury caused by dog bites.
Injuries caused by jumping up or knocking someone over.
Accidents caused by frightening someone (e.g. a cyclist falls).
Psychological consequential damage suffered by the injured party.
Coverage of treatment costs and loss of earnings.
These examples show how varied the situations can be in which a claim arises.
Compensation for pain and suffering: Which factors determine the amount?
The amount of compensation for pain and suffering after a dog bite is not fixed as a flat rate. It depends on the severity and duration of the injuries, as well as any consequential damage. As a guide, courts refer to so-called compensation tables, which collect judgments in comparable cases. For minor bite wounds without complications, amounts of around five hundred to two thousand euros may be awarded. However, if nerves have been injured or disfiguring scars remain, for example, the amount can be significantly higher, up to 25,000 euros or more in individual cases. The duration of inability to work and any necessary rehabilitation measures also play a role. An insured dog protects you from these often unpredictable costs. The exact amount is ultimately determined on a case-by-case basis, often by the courts.
Legal foundations: animal keeper liability and the German Civil Code
The obligation to pay compensation for pain and suffering arises from animal owner liability, which is regulated in Section 833 of the German Civil Code (BGB). This section states that the animal owner is liable for damage caused by the animal. This liability is a so-called strict liability, meaning it applies regardless of any fault on the part of the owner. The claim for compensation for pain and suffering itself is anchored in Section 253(2) of the BGB. This section allows financial compensation for non-material damage, that is, pain and suffering. The private liability insurance does not apply here; a specific dog liability insurance policy is required. Knowledge of these sections is crucial for understanding the liability situation.
Important aspects of animal owner liability are:
The owner is liable for typical animal behaviour.
Fault on the part of the owner is not a prerequisite for liability.
Even in the event of contributory negligence by the injured party, liability may still apply, possibly on a proportional basis.
Liability covers personal injury, property damage and financial losses.
These regulations underline the need for good insurance cover.
Expert tips: Correct behaviour in the event of a claim
If an incident occurs in which your dog injures someone, stay calm and secure the situation first. Provide first aid and exchange contact details with the injured party immediately. Document the incident carefully: take photos of any injuries and any property damage. Note down the names and addresses of witnesses. Our expert tip: Report the damage to your dog liability insurance without delay. Do not make any payment commitments or admissions of liability to the injured party without first consulting your insurer. A correct claim notification is crucial for a smooth settlement. The insurer reviews the claim and also rejects unjustified demands. This keeps you on the safe legal side.
Claim default cover: protection against uninsured liable parties
What happens if you or your dog are injured by a strange dog and its owner does not have dog liability insurance and is also unable to pay? For such cases, many good pet liability policies offer claims default cover. This steps in when the responsible dog owner cannot pay for the damage. Claims default cover is an important component of your comprehensive protection and should be considered when taking out a dog liability insurance policy. It ensures that you do not end up bearing your own costs if the person causing the damage cannot meet their obligations. Check the terms of your policy carefully so you know the scope of this protection. This gives you additional peace of mind in everyday life with your four-legged friend.
There are situations in which the dog liability insurance may refuse or reduce payment of compensation for pain and suffering or damages. These include damage suffered by you yourself (own damage) or by co-insured persons in the same household. Insurance cover also lapses if the damage was caused intentionally. Another important point is gross negligence on the part of the dog owner, for example if a dog known to be aggressive is walked without a lead in a busy area and the lead requirement is ignored. In such cases, the insurer may reduce the benefits or even refuse them entirely. Penalties and fines are also generally excluded from insurance cover. Find out about the exact exclusions in your insurance terms and conditions. This will help you avoid unpleasant surprises if a claim arises.
Choosing the right cover: What you should pay attention to
When choosing your dog liability insurance, you should not only look at the price, but above all at the cover amount and the benefits included. A high level of cover, ideally several million euros, is important, as personal injury claims can become very expensive. Make sure cover for damage to rented property is included if your dog lives in a rented flat. The claims against insolvent parties cover mentioned above provides additional protection. Our expert tip: Compare the offers carefully and check whether damage abroad or when taking part in dog events is also covered. A good liability insurance policy costs often just a few euros a month, but in an emergency provides indispensable protection. Careful selection ensures the best possible protection for you and your dog.
More useful links
The portal Gesetze im Internet provides the full text of Section 833 of the German Civil Code (BGB), which governs the liability of animal keepers.
The Verbraucherzentrale provides comprehensive information on the necessity and scope of liability insurance for pets.
A press release from the Verbraucherzentrale Brandenburg examines which insurance policies are truly essential and which may be considered unnecessary.
On Berlin.de you will find official statistics on dog bites in the Berlin city area.
The Deutsche Ärzteblatt publishes a specialist article on the medical aspects of animal and human bites.
The Karlsruhe Higher Regional Court provides information in a press release about a judgment that awarded EUR 25,000 in compensation for pain and suffering and established equal liability following a dog bite.
FAQ
Does my dog liability insurance also cover compensation for pain and suffering for psychological damage?
Yes, dog liability insurance can also cover compensation for pain and suffering for psychological damage, such as anxiety disorders or post-traumatic stress disorders, resulting from an incident caused by the dog.
What if I share responsibility for the incident?
Even where the injured party is partly to blame, there may still be a claim for compensation for pain and suffering; however, this can be reduced in accordance with the degree of contributory negligence.
Does dog liability insurance also cover legal and court costs?
Yes, dog liability insurance usually also covers the costs of lawyers and court proceedings when it comes to defending against unjustified claims or settling justified claims.
How quickly do I need to report a claim on my dog liability insurance?
You should report a claim as quickly as possible, ideally immediately, to your dog owner's liability insurance provider. You can find the exact deadlines in your policy terms and conditions.
Does dog liability insurance also cover damage caused by puppies?
Yes, as a rule, damage caused by puppies is also covered by the owner’s dog liability insurance. It is important to clarify this when taking out the insurance policy.
What is the difference between damages and compensation for pain and suffering?
Compensation for damages covers material losses (e.g. repair costs, loss of earnings), whereas pain and suffering compensation is a financial indemnity for non-material damage such as physical pain and emotional suffering.
