Dropped a Phone: How to File Your Liability Insurance Claim

A friend's smartphone slips out of your hand – the display is shattered. A classic among liability claims. The good news: if you drop another person's phone, your private liability insurance usually steps in. What matters is that you handle the claim report correctly. Here you'll learn step by step how to report the damage and what insurers look for.

Does Liability Insurance Pay If I Drop Someone Else's Phone?

In principle, yes – because anyone who damages another person's property is, under Section 823 (1) of the German Civil Code (BGB), "liable to compensate the other party for the resulting damage" (source: gesetze-im-internet.de, translated). This is exactly the liability your private liability insurance takes over. Two points decide whether the insurer pays:

Someone Else's Property – Not Your Own

Your own phone is never covered by liability insurance, as it only covers damage to third parties. For your own device you would need gadget insurance – which consumer advocates view critically.

Favour Damage: The Most Important Policy Feature

If you were holding the phone as a favour (e.g. to take a photo), some insurers argue there is an implied waiver of liability. Good policies explicitly include favour damage ("Gefälligkeitsschäden") – a point we check in every policy review at Spreefinanz.

Filing the Claim in 5 Steps

1. **Document the damage:** Photos of the damaged phone, plus the owner's purchase receipt or invoice.
2. **Note down what happened:** When, where, how did it happen? Who was present? Stay honest and precise.
3. **No admission of liability, no immediate payment:** Germany's consumer advice centre warns explicitly: "Under no circumstances should you pay for a damage immediately" (source: verbraucherzentrale.de, translated) – the assessment is the insurer's job.
4. **Report the claim without delay:** As a Spreefinanz client, use our online claim report (→ schadenmeldung) – we handle all communication with the insurer.
5. **Wait for the repair or current-value offer:** Only have the phone repaired or replaced after approval.

New Value or Current Value: What Does Liability Insurance Reimburse?

Liability insurance reimburses the current value ("Zeitwert") – the phone's value immediately before the damage, depending on age and condition. A two-year-old smartphone is therefore not reimbursed at its original price. In the case of a total loss, you receive the replacement value of an equivalent used device; for repairs, the repair costs up to the current value.

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Frequently Asked Questions About Phone Damage Claims

Does liability insurance pay if my partner's phone breaks?

Usually not: in a family policy, partners are co-insured, and damage between co-insured persons is generally excluded. Some premium policies offer exceptions here.

How quickly do I have to report the phone damage?

Without undue delay – in practice within about a week. Late reports can jeopardise your coverage.

What if I had only borrowed the phone?

Damage to borrowed or rented items is only covered if your policy explicitly includes it. Good policies do cover borrowed items – we're happy to check this for you.

Damage happened? → WhatsApp (+49 151 28937141)

Sources: Section 823 (1) BGB – German Civil Code, gesetze-im-internet.de · Verbraucherzentrale: "Private Haftpflichtversicherung – auch für Geflüchtete ein Muss" · Updated: 2026