After a car accident involving injuries, the question of compensation for pain and suffering ("Schmerzensgeld") quickly arises: who pays it, how much is it, and which deadlines apply? The short answer: as a rule, the motor liability insurance of the party who caused the accident pays. Here is your complete overview of your claims.
Particularly strict liability applies in road traffic: if a person is injured in the operation of a motor vehicle, "the keeper is obliged to compensate the injured person for the resulting damage" (source: Section 7 StVG, gesetze-im-internet.de, translated) – even regardless of fault (strict liability). For the immaterial consequences such as pain and reduced quality of life, Section 253 BGB provides for "fair compensation in money" (source: gesetze-im-internet.de, translated) – the Schmerzensgeld.
If another road user injures you, your claim is against them – and it is paid by their motor liability insurance. This insurance is mandatory in Germany precisely so that accident victims are not left without compensation.
In hit-and-run cases or with uninsured vehicles, the German traffic victims' assistance fund (Verkehrsopferhilfe) steps in. If a cyclist or pedestrian causes the accident, their private liability insurance pays – one more reason why this basic protection is so important.
If the accident is your own fault, you receive no compensation from the other party – only your own protection, such as private accident insurance, helps here. In cases of contributory negligence (e.g. not wearing a seatbelt), the compensation is reduced proportionately.
The amount is based on compensation tables and judgments in comparable cases: from a few hundred euros for minor whiplash, to five-figure sums for fractures with lasting effects, up to six- or seven-figure amounts for the most severe injuries. Decisive factors are the severity of injuries, duration of treatment, permanent damage and the impact on your life. So document everything: medical certificates, photos, a pain diary.
The regular limitation period is three years from the end of the year in which the accident occurred and you knew the responsible party. Report claims as early as possible anyway – also because evidence weakens over time.
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No, your own motor liability only pays for damage you cause to others. For your own injuries in accidents you caused yourself, you need e.g. private accident insurance or a driver protection add-on.
Yes. As a passenger you almost always have claims – against the other driver, or even against the driver of your own car if they caused the accident.
Not necessarily. Many cases are settled out of court with the insurer. If the amount is disputed, legal protection insurance helps you enforce your claims.
Have your coverage reviewed – start the Insurance Check (/versicherungs-check) or book an appointment directly.
Sources: Section 7 StVG – German Road Traffic Act (keeper's liability), gesetze-im-internet.de · Section 253 BGB – Immaterial damage (pain and suffering), gesetze-im-internet.de · Updated: 2026
