Who Pays What After an Accident?

Name: KFZ-Schadensaufnahme Bielefeld – Talha Pekinalp
Address: Jöllenbecker Straße 140, Bielefeld, Nordrhein-Westfalen, 33613, DE
Telephone: +49 151 12545454
Price range: €€

Third-party liability, fully comprehensive, partially comprehensive insurance – which policy pays in which situation. Explained clearly for all accident parties.

After an accident, the most important question is: who covers the costs? The answer depends on who caused the accident and which insurance policies are involved. This guide explains the key scenarios – without technical jargon.

Third-Party Liability, Fully Comprehensive, Partially Comprehensive – The Difference

Every vehicle registered in Germany must have third-party liability insurance (KFZ-Haftpflicht). It pays when you cause damage to others – covering damage to the other vehicle, persons and property.

Comprehensive cover is voluntary. Fully comprehensive (Vollkasko) additionally covers damage to your own vehicle – whether self-caused or due to vandalism, wildlife collision, hail, etc. Partially comprehensive (Teilkasko) is a subset covering only specific events (theft, fire, natural hazards, glass breakage).

Damage	Third-Party Liability	Fully Comprehensive	Partially Comprehensive
Damage to the other vehicle	✅	✅	–
Self-caused damage to own vehicle	–	✅	–
Theft, fire, hail, wildlife collision	–	✅	✅
Personal injury to third parties	✅	–	–

Practical Tip

Third-party liability is mandatory – a vehicle may not participate in traffic without it. Comprehensive cover is an add-on, but particularly worthwhile for newer or financed vehicles.

Exact coverage varies by insurance contract. If in doubt, check the policy terms or consult an insurance adviser.

No-Fault Accident – The At-Fault Party's Insurance Covers Everything

If you had no part in causing the accident, the at-fault party's third-party liability insurance covers all your damages in full – with no excess for you.

This includes: repair costs, expert fees, hire car or loss of use, diminution in value, recovery costs and compensation for personal injury.

What the insurer pays:

Repair costs at an authorised workshop of your choice
Independent vehicle expert fees
Hire car or loss-of-use compensation
Diminution in market value
Recovery and towing costs
Compensation for injuries

Practical Tip

Do not let yourself be pressured into a quick settlement. The at-fault party's insurer is your counterpart – not your own insurer. Commission an independent expert first.

Full compensation is conditional on no contributory fault. If in doubt, consult a solicitor.

Shared Fault – When Both Parties Are Responsible

In an accident with shared fault, costs are divided proportionally. At 50/50 fault, each party bears half of their respective damages. The other party's insurer pays you 50% of your damage; your insurer pays the other party 50%.

If you have no fully comprehensive cover and bear contributory fault, you are left with the uncovered share of your own vehicle damage. Fully comprehensive cover steps in here – minus the agreed excess.

Practical Tip

The question of fault is often only resolved through an expert report or accident reconstruction. An independent expert can technically document fault and provide solid evidence.

In disputed cases, apportionment of fault is a matter for the courts. If in doubt, consult a solicitor.

At-Fault Accident – When Your Own Insurance Is Relevant

If you caused the accident alone, your third-party liability insurance covers damage to third parties – your own vehicle is not covered. For damage to your own vehicle you need fully comprehensive cover.

Fully comprehensive pays for your vehicle damage minus the agreed excess. Important: after claiming on fully comprehensive, the insurer will typically move you to a less favourable no-claims class, increasing your premium in the following year.

Practical Tip

Before making a fully comprehensive claim, consider whether the damage exceeds the excess plus the premium increase over several years. For minor damage, self-payment is often cheaper.

Premium adjustments and class downgradings vary by contract. If in doubt, consult an insurance adviser.

Total Loss and the 130% Rule

An economic total loss occurs when repair costs exceed the replacement value of the vehicle. In this case the insurer pays the replacement value minus the residual value.

The 130% rule is an exception: if the repair cost is below 130% of the replacement value and you have a legitimate interest in repair (e.g. sentimental value, special model), you can insist on repair even in the case of a total loss. The insurer then pays up to 130% of the replacement value.

Practical Tip

Have the residual value of your vehicle assessed exclusively by your own expert – not through the insurer's salvage platform. The insurer uses nationwide purchase bids that artificially inflate the residual value and reduce your claim.

The 130% rule applies only under specific conditions. If in doubt, consult a solicitor or expert.

More guides about your accident:

Your rights after an accident →View accident checklist →

Legal Notice

This guide is for general information purposes only and does not constitute legal or insurance advice. Actual coverage always depends on the individual insurance contract and the circumstances of each case. For binding information, contact your insurer, a licensed solicitor or an independent insurance adviser.

Protect Your Claims – Commission an Expert

Whatever the scenario: an independent expert report is the most important basis for the damage settlement. Talha Pekinalp comes to you and documents the damage in a legally sound manner.

Request an appointment +49 151 12545454