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PROTECT YOURSELF IN GERMANY

‘It can really save you’: Why liability insurance is essential in Germany

The relative ubiquity of private liability insurance in Germany may come off as an odd cultural quirk to some outsiders. But failing to have sufficient cover in this area has very real consequences – with many finding out the hard way.

'It can really save you': Why liability insurance is essential in Germany
Life in Germany. Photo by Patrick Langwallner on Unsplash

Unlike health insurance, which is compulsory, liability insurance (German: Haftpflichtversicherung) is not. However, it is considered so necessary in Germany that almost nine out of every ten people have it.

But what is it, why is it so popular and what should I do about it? In partnership with Coya Insurance, we’ve done a deep dive to tell you what it is – and break down why you need it. 

Vorbereiten vorbereiten vorbereiten (preparation preparation preparation)

Of the German stereotypes that ring true – and there are many – there’s perhaps none more accurate than the love of planning and preparation.

Arriving late and subsequently blaming a tardy bus connection is likely to be met with scepticism – not least because the bus is unlikely to be late – but because this is a contingency that a properly prepared person would have planned for.

Which brings us to the very real and very German phenomenon of liability insurance. This insurance covers you for the cost of any damage you cause – whether intentionally or not.

This applies to damage to people or to property, as well as economic damage – i.e. if your actions hamper someone’s ability to work.

Photo: CH / Pexels

In Germany the phrase ‘you break it you bought it’ is taken quite literally – in fact, it’s the law. Damage by yourself or anyone you’re responsible for – kids, pets – must be compensated by you. 

Landlords will often not take you without it, while we’ve also heard it can be an impediment to dating. 

‘For the coverage you get, it’s shockingly affordable’

Sarah Whitcomb, originally from the US, found out about the need for liability insurance the hard way just a few months after arriving in Berlin. 

“I was biking in Berlin and not being experienced in dealing with tram lines, I lost control of my bike and hit a parked car.”

“It was a Mercedes. Typical. When I got up, I saw that I had broken the taillight.”

Sarah left a note with her full name and mobile number before receiving a call just hours later about the incident.

“She (the caller) was very alarmed when she heard I didn’t have liability insurance. (Before the call) I’d never heard of it.”

Fast forward a few weeks and Sarah had received a bill for more than €6,000 – including repairing damage to the car that she had not caused but couldn’t prove wasn’t her – as well as a fine from the police for fleeing the scene of an accident.

“I paid them. It was all of my savings at that point.

“I didn’t ride my bike again until I had it… It’s really affordable – it’s shockingly affordable, when you think about how much coverage you get.”

“It can really save you. I went from having a nice little nest egg for the first time in my life to being tapped out. And that just doesn’t need to happen.”

Photo: Tobias Reiner / Unsplash

In February 2020, The Local reached out to our most valuable resource – our readers – on social media to get their opinions on liability insurance. The callout had a huge response, showing just how important it is.

One user Bene said he “was forced to get it to be able to join a sharehouse” while Tinkmaus said the real question was not why should you have it “but why would you be crazy enough not to”.

Florian M said it was about peace of mind: “To me it is mainly what could happen if I don’t have it. Things could get very expensive. Also if you accidentally break something expensive when you are at a friend’s house, you don’t have to worry about paying for it”.

Mike K said it was essential as one should not assume that damage would be covered under other policies, i.e. those taken out by your landlord and employer.

Finding the right liability insurance

OK so if it’s good enough for 85 percent of the population, it’s good enough for me, right? That’s true – but remember that not all insurances are assured to ensure coverage.

(If you think that sentence is confusing, then just wait until you delve into German insurance law. Hey, even the word Haftpflichtversicherung is difficult to get your tongue around!)

Photo: Andrea Picquadio / Pexelss

The legal framework surrounding insurance is made up of a complex spiderweb of rules and regulations that is difficult to navigate even if German is your first language – and nigh on impossible if it’s not.

Considering the consequences – you could be liable for an amount in the millions – it’s important to get a policy which covers a high amount.

The German Association of the Insured (BDV) is an independent organisation representing “the rights of insured people in Germany” which does not have ties to any insurance agent.

While their guides are primarily in German, they do give advice for what to look for in a liability insurance policy.

As the BDV say on their website (in German): “The most important liability insurance is personal liability insurance. This should therefore be taken out by everyone without exception, as it covers the payment of damages if others have been culpably injured. It also defends unjustified claims in court if necessary.”

So then where should we go from here?

Besides having a policy which covers you – which is kind of essential – another major priority has to be how to handle a claims process – or even how to ask questions.

Coya’s website and app is available in English and German, allowing you to claim in your preferred language in just seconds.

Their policies are particularly popular with expats and internationals in Germany thanks to ease of use and the security offered by their policies.

With policies that start at less than €5 per month, which have zero deductible, can be cancelled anytime and are completely paperless, it’s the logisch thing to do!

Why take a chance being uninsured when companies like Coya make it so simple to have peace of mind? Get a quote for one of Coya’s affordable insurance policies, in English, in just a few clicks.

This article was produced by The Local and sponsored by Coya.

For members

PROPERTY

Who pays broker’s fees on property in Germany – and how much do they cost?

One of the major hidden costs of buying and selling property in Germany is the estate agent's commission, or broker's fee. We look at some of the unusual rules around it - and how much you can expect to pay.

Who pays broker's fees on property in Germany - and how much do they cost?

There are many areas of life in which things in Germany function just that little bit differently – and buying a house is no exception.

Though the buoyant property market in the Bundesrepublik makes it an attractive place to buy, anyone looking to get their foot on the housing ladder should consider the hidden fees they might incur.

Beyond interest rates, taxes and fees for notaries and translators, one major outlay is the estate agent’s commission, which can sometimes stretch to thousands of euros.

Here’s what to know about these hefty fees and how you might be able to lower them. 

Who pays commission on property transactions in Germany?

If you come from another European country or somewhere like the United States, you may be used to a system in which the seller pays the broker’s fee. This intuitively makes sense because the estate agent is there to market the property, liaise with buyers and ultimately get the best price for the seller – so it makes sense that the seller should pay for these services.

Until recently, however, it was the buyer who was responsible for paying the entirety of the estate agent’s commission in Germany. That meant that these fees – which could be as high as seven percent of the purchase cost – were added to the mountain of extra costs buyers had to contend with, from notary fees to land transfer tax.

READ ALSO: The hidden costs of buying a house in Germany

Luckily for buyers (but less so for sellers), this was changed under a law that came into force at the end of 2020. Since then, costs are generally split 50/50 between buyers and sellers.

However, there are some details that are important to note here. If the seller commissions the estate agent to help them sell their home, they are technically liable for the costs but must pay a minimum of 50 percent. 

If the buyer commissions the estate agent to find them a home, the same rules apply the other way around: the buyer is liable for the costs but can obtain a maximum of 50 percent from the seller.

In each case, the side that commissioned the broker must prove they have paid their share before the other side is liable to pay theirs. 

How much do estate agents’ fees cost in Germany?

Commission on property sales varies from state to state but is generally set at between 5 and 7 percent of the purchase price.

According to online portal ImmobilienScout24, these were the standard rates that applied in each of the federal states in 2024, with the number in brackets representing a 50 percent share of the costs:

Baden-Württemberg: 7.14 percent (3.57 percent)

Bavaria: 7.14 percent (3.57 percent)

Berlin: 7.14 percent (3.57 percent)

Brandenburg: 7.14 percent (3.57 percent)

Bremen: 5.95 percent (2.97 percent)

Hamburg: 6.25 percent (3.12 percent)

Hesse: 5.95 percent (2.97 percent)

Lower Saxony: 4.76 – 5,95 percent or 7.14 percent, depending on the region. (2.38 – 3.57 percent)

Mecklenburg Western-Pomerania: 5.95 percent (2.97 percent)

North Rhine-Westphalia: 7.14 percent (3.57 percent)

Rhineland-Palatinate: 7.14 percent (3.57 percent)

Saarland: 7.14 percent (3.57 percent)

Saxony: 7.14 percent (3.57 percent)

Saxony-Anhalt: 7.14 percent (3.57 percent)

Schleswig-Holstein: 7.14 percent (3.57 percent)

Thuringia: 7.14 percent (3.57 percent)

If it’s hard to gauge how much this means in real terms, we can take the example of two properties: a €200,000 apartment and a €500,000 family home.

In the state of Hesse, a buyer splitting the broker’s fee equally with the seller would pay €5,940 to buy the €200,000 apartment and €14,850 to buy the €500,000 house.

In pricier Berlin, meanwhile, the same buyer would pay €7,140 on the €200,000 apartment and €17,850 on the €500,000 house.

READ ALSO: Is autumn 2024 the right time to buy a property in Germany?

Here’s where it gets more complicated, however: under German law, you are technically free to negotiate the commission with your estate agent.

That means that, especially in areas with stiff competition, you may be able to secure a better deal. 

Do I always have to pay commission in Germany? 

Not always. In fact, as a seller, you’re perfectly free to sell your property privately without enlisting the help of a real estate agent.

The benefit of this, of course, is that you can potentially save thousands of euros in fees, both for yourself and any prospective buyer. 

On the flip side, though, you will need to take the entire job of the estate agent on yourself, from marketing the property to liaising with potential buyers and finally closing the deal.

Real estate agent Germany

A real estate agent talks to prospective tenants at an apartment viewing. Photo: picture alliance/dpa | Tobias Hase

There can also be some upfront costs involved in commissioning things like floor plans and professional photography, as well as the time you’ll need to invest in learning all the procedures and preparing relevant documents for notary – to name just a few examples.

Ultimately, though, it’s up to you to decide whether the expense of working with a professional broker is worth it in the end. 

As a buyer, there are also some situations where you’ll see the words ‘provisionsfrei’ – or commission-free – written in a property listing.

This is fairly common in new-build properties, where the developer may sell the homes directly to interested buyers. More rarely, an existing property may be listed without commission, making it a more attractive proposition.

In both cases, it’s possible that commission has been built into the purchase price, so you may not necessarily be getting a better deal.

Another case where you’re likely to be able to avoid commission as a buyer are so-called Kapitalanlagen – or buy-to-let properties. 

READ ALSO: Should you think about purchasing a buy-to-let property in Germany?

These tenanted properties are designed to be bought as investments: buyers can enjoy additional rental income over time and, ideally, will also make money when they come to sell the property several years later.

For this reason, costs are generally kept slightly lower for the buyer by eschewing the standard broker’s commission. 

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