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Recourse in motor liability insurance: obligations, purpose of use and maximum amounts

In short: Recourse by the motor liability insurer is possible only within narrow limits: after a breached obligation before the insured event, its release from liability is limited to a maximum of 5,000 euros each. After the insured event it is 2,500 euros, in particularly serious cases 5,000 euros. With Zevra, registration costs from 10 € per case.

What can the insurer claim back if a vehicle is used differently from what was agreed? This page summarises § 2 to § 7 of the German Motor Vehicle Compulsory Insurance Ordinance.

Zevra is the B2B platform for digital vehicle registration for car dealers, registration services and fleets: cases are entered in the dealer portal and filed nationwide by power of attorney with qualified electronic signature – from €10 per registration, no base fee, no minimum volume.

Last updated: · Zevra editorial team · Reviewed by M. Gabal, owner

Recourse in motor liability insurance: obligations, purpose of use and maximum amounts

What does motor liability insurance cover?

The insurance covers the settlement of justified and the defence against unjustified claims for damages arising from the use of the insured vehicle.

Covered are personal injury, property damage and financial loss; damage caused by a coupled trailer is included.

Which obligations concern the use?

  • to use the vehicle for no purpose other than the one stated in the insurance contract
  • not to let the vehicle be used without authorisation
  • not to let the vehicle be used if the driver does not have the prescribed driving licence
  • not to let the vehicle be driven if the driver cannot drive safely because of alcohol or other intoxicants

The application for registration must state the use for self-drive rental.

How high is the recourse at most?

How high is the recourse at most?
CaseMaximum amount
obligation breached before the insured event, or increase of riska maximum of 5,000 euros each
obligation breached intentionally or with gross negligence after the insured eventa maximum of 2,500 euros
particularly serious intentional breach of the duty to inform or to mitigate damagea maximum of 5,000 euros

The limit does not apply towards a driver who obtained the vehicle through a criminal act.

When does a breach by the driver affect the keeper?

Towards the policyholder, keeper or owner the insurer is released only if they breached the obligation themselves or culpably made the breach possible.

This concerns unauthorised use, driving without a licence and driving under the influence of alcohol.

When does the limit not apply?

If the obligation is breached in order to obtain an unlawful financial advantage for oneself or a third party, the release from liability is unlimited in the amount of that advantage.

If a grossly negligent breach had no influence on establishing the insured event or the benefit, the insurer remains obliged to pay.

What does this mean for dealers?

For rental companies this means: a self-drive rental vehicle is registered with this use; for every rental vehicle the purpose stated in the insurance contract counts.

With Zevra the dealer files registration and deregistration in the dealer portal. Registration costs from 10 € per case, deregistration 2 € net, plus official fees.

Next step for your business. How businesses put this topic into practice with Zevra: Banks & insurers · Rental & car subscription · Features · How Zevra works · View pricing
Digital registration in figures
  • Temporary registration proof: valid for 10 days
  • Documents posted by the authority: within 6 days
  • Digital deregistration: documents from 01.01.2015
  • Digital registration: documents from 01.01.2018
  • Registration with Zevra: €10 net
  • Deregistration with Zevra: €2 net · base fee: €0

Deadlines and cut-off dates according to: Bundesministerium für Verkehr

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Sources: Kraftfahrzeug-Pflichtversicherungsverordnung (KfzPflVV) § 2 – Umfang der Versicherung · Kraftfahrzeug-Pflichtversicherungsverordnung (KfzPflVV) § 5 – Obliegenheiten vor dem Versicherungsfall · Kraftfahrzeug-Pflichtversicherungsverordnung (KfzPflVV) § 6 – Obliegenheiten nach dem Versicherungsfall · Kraftfahrzeug-Pflichtversicherungsverordnung (KfzPflVV) § 7 – Unbeschränkte Leistungsfreiheit · Fahrzeug-Zulassungsverordnung (FZV) § 6 – Antrag auf Zulassung · Sources · FZV sections § 6 · Vehicle figures: tax, insurance, fines

Answers to common questions

How much can the insurer claim back?
After a breached obligation before the insured event a maximum of 5,000 euros each, afterwards a maximum of 2,500 euros.
What is the purpose-of-use clause?
The obligation to use the vehicle for no purpose other than the one stated in the insurance contract.
Does recourse affect the keeper if the driver has no licence?
Only if the keeper committed the breach himself or culpably made it possible.
What does registration via Zevra cost?
With Zevra, registration costs from 10 € per case, deregistration 2 € net, plus official fees.

Frequently asked questions about digital vehicle registration