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Comprehensive cover reduces payout for gross negligence: do you have to accept it?

If you caused a loss through gross negligence (for example missing a red light, phone at the wheel), the comprehensive insurance may reduce its payment. But a complete release from liability is only permitted in exceptional cases. Usually only a proportionate reduction is made according to the severity of the fault (quota).

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If the loss was caused through gross negligence, the insurer may reduce its payment in proportion to the severity of the fault (§ 81 VVG), not automatically to zero.
Many tariffs contain a waiver of the objection of gross negligence (partly with exceptions such as alcohol). Check your terms, then no reduction, or only a limited one, is permitted.

What you should do now

  1. 1

    1. Check the terms

    Does your contract contain a waiver of the objection of gross negligence? Then a reduction is often not permitted.

  2. 2

    2. Question the degree of fault

    Was it really gross negligence or only simple negligence? The line is fluid and attackable in an individual case.

  3. 3

    3. Check the quota

    Even with gross negligence, usually only a proportionate reduction is permitted. A 100 percent reduction has to be specially justified.

  4. 4

    4. Object in writing

    Object to an excessive reduction in writing and demand a comprehensible justification of the quota.

How to spot the scam

  • The insurer reduces to zero across the board without justifying the quota.
  • A waiver of gross negligence agreed in the contract is ignored.
  • Simple negligence is prematurely classified as 'gross'.

Frequently asked questions

May comprehensive cover reduce for gross negligence?

Yes, but usually only proportionately according to the severity of the fault (§ 81 VVG). A complete release from liability is only permitted in exceptional cases. Many contracts also waive this objection in whole or in part.

How is the quota calculated?

According to the severity of the fault in the individual case. The more serious the violation, the higher the reduction. A flat 100 percent reduction has to be specially justified by the insurer and is often attackable.

How do I fight back against the reduction?

Check your insurance terms for a waiver of gross negligence, question the degree of fault and object to an excessive quota in writing. Demand a comprehensible justification.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.