Wegweiser Road accident victims · Claims after the accident Deutsch

💶 Loss of earnings and household-help damages

If you cannot work or run the household because of the accident: what you can claim as compensation.

loss of earnings household-help damages loss of earning capacity sickness benefit transfer of claims annuity § 843 BGB § 116 SGB X

In brief

If you earn less or nothing because of the accident, the person who caused it may have to pay for the loss of earnings. The same applies to housework you can no longer manage.

  • If you receive sickness benefit (Krankengeld) or continued pay, the claim often passes to the employer or health insurer to that extent.
  • Household-help damages are a separate head of damage. They can exist even if you do not earn money.
  • Keep an overview: days of illness, absences, help in the household.

Step by step

  1. Sick noteHave your inability to work certified by a doctor.
  2. Prove your incomeSecure payslips, tax assessments, order situation.
  3. Document the householdList which household tasks you can no longer carry out.
  4. RegisterRegister the claim with the other party's insurer, if necessary with a lawyer.

Deadlines

3 years
Regular limitation period for damages claims§ 195, § 199 Abs. 1 BGB
30 years
Maximum period for injury to life, body, health or liberty§ 199 Abs. 2 BGB
Watch out – common mistakes
  • Amounts for household-help damages were not verified here from sources; calculation and hourly rates depend on the individual case.
  • Claims can pass to others: to social insurance bodies under § 116 SGB X, to the employer for continued pay under § 6 EFZG, to the comprehensive insurer under § 86 Abs. 1 VVG. The Quotenvorrecht (§ 86 Abs. 1 Satz 2 VVG) protects you for comprehensive-insurance benefits.
  • Annuity or lump-sum settlement: a lump sum only for good cause (§ 843 Abs. 3 BGB).
  • Self-employed people must be able to prove their lost profit.
In depth · legal basis, figures and practice – for advisers and professionals

Loss of earning capacity and increased needs, § 843 BGB

If, as a result of injury to the body or health, earning capacity is lost or reduced or needs increase, compensation is to be paid to the injured person by way of a monetary annuity. Instead of the annuity, the injured person can demand a lump-sum settlement for good cause. The claim is not excluded by the fact that someone else has to provide maintenance to the injured person.

Household-help damages

According to legal commentary (including law firm pages and verkehrslexikon.de), household-help damages arise from §§ 842, 843 BGB. They consist of a part similar to loss of earnings (care by third parties) and a part of increased needs (self-care); according to this account, no transfer of claims under § 116 SGB X takes place for the latter. This classification is taken from secondary sources and must be checked in the individual case.

Transfer of claims

If the employer continues to pay wages, the claim passes to the employer under § 6 EFZG. If a social insurance body (such as a health insurer) pays, the claim passes under § 116 SGB X. If the comprehensive insurer pays, § 86 Abs. 1 Satz 1 VVG applies; under Satz 2, the transfer may not be asserted to the disadvantage of the insured person (Quotenvorrecht).

Offsetting

Benefits such as an injury pension (Verletztenrente) from accident insurance can reduce the claim to the extent that they correspond in substance to the damage (congruence). Details depend on the individual case.

Who is responsible
  • Other party's motor liability insurer
  • Lawyer specialising in traffic law
  • Health insurer and employer (wage replacement)
Further reading
Personal injury and compensation for pain and sufferingLimitation of accident claims

Quick questions

Worum geht es bei „Loss of earnings and household-help damages“?
If you cannot work or run the household because of the accident: what you can claim as compensation.
Which deadlines and figures matter?
  • 3 years: Regular limitation period for damages claims (§ 195, § 199 Abs. 1 BGB)
  • 30 years: Maximum period for injury to life, body, health or liberty (§ 199 Abs. 2 BGB)
What should I do first?
  • Sick note: Have your inability to work certified by a doctor.
  • Prove your income: Secure payslips, tax assessments, order situation.
  • Document the household: List which household tasks you can no longer carry out.
What do I need to watch out for?
  • Amounts for household-help damages were not verified here from sources; calculation and hourly rates depend on the individual case.
  • Claims can pass to others: to social insurance bodies under § 116 SGB X, to the employer for continued pay under § 6 EFZG, to the comprehensive insurer under § 86 Abs. 1 VVG. The Quotenvorrecht (§ 86 Abs. 1 Satz 2 VVG) protects you for comprehensive-insurance benefits.
  • Annuity or lump-sum settlement: a lump sum only for good cause (§ 843 Abs. 3 BGB).
Evidence
  • Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: BGB §§ 195, 199, 843, retrieved 20 September 2026
  • verkehrslexikon.de, articles on congruence and offsetting for household-help damages (search results), retrieved 20 September 2026
  • ADAC, Verkehrsunfall: Diese Kosten muss die gegnerische Versicherung zahlen, retrieved 20 September 2026
  • Bundesministerium der Justiz, Gesetze im Internet: SGB X § 116; EFZG § 6; VVG § 86, retrieved 20 September 2026
As of

September 2026 · Sources and method

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