⏳ Limitation of accident claims

When your claims after the accident become time-barred and how to prevent this.

limitation 3 years suspension 30 years end of the year direct claim Verkehrsopferhilfe deadlines

In brief

Your claims for damages become time-barred. Once the period has expired, the other party can refuse to pay.

The regular period is 3 years. It starts at the end of the year in which the claim arose and you learned of the damage and the person responsible.
For injuries to body and health, a maximum period of 30 years also applies.
As long as your claim is registered with the motor liability insurer, limitation is suspended until the insurer communicates its decision in text form.

Step by step

Note the dateRecord the accident date and when you learned of the damage and the person responsible; the end of the year is the start of the period.
Register earlyRegister claims with the insurer in writing.
Wait for the replyKeep the insurer's written decision.
Act in good timeIf there is a dispute, get advice in good time so that the period does not expire.

Deadlines

3 years

Regular limitation period, starting at the end of the year of arising and knowledge§ 195, § 199 Abs. 1 BGB

30 years

Maximum period for injury to life, body, health or liberty§ 199 Abs. 2 BGB

10 years

Maximum period from occurrence of the damage for the direct claim against the motor liability insurer (suspension until the insurer's decision in text form)§ 115 Abs. 2 VVG

3 months

Where limitation is suspended by negotiations, the claim becomes time-barred at the earliest 3 months after the end of the suspension; filing a lawsuit and a payment order (Mahnbescheid) also suspend it§ 203, § 204 Abs. 1 BGB

Watch out – common mistakes

The 30-year period does not replace the 3-year period: once you have knowledge, the shorter period runs.
A special rule applies to the Verkehrsopferhilfe (§ 12 Abs. 3 PflVG): knowledge of the circumstances, suspension until the written decision.
Administrative offences have their own prosecution periods (see criminal proceedings/administrative offences).
Negotiations suspend limitation (§ 203 BGB); it occurs at the earliest 3 months after the end of the suspension. Filing a lawsuit and a payment order also suspend it (§ 204 Abs. 1 BGB).

In depth · legal basis, figures and practice – for advisers and professionals

§ 199 BGB

The regular limitation period begins at the end of the year in which the claim arose and the creditor learns, or without gross negligence should have learned, of the circumstances giving rise to the claim and of the identity of the debtor. Claims for damages for injury to life, body, health or liberty become time-barred, regardless of knowledge, 30 years from the act. Other claims for damages become time-barred, regardless of knowledge, ten years from arising, at the latest 30 years from the act causing the damage.

Suspension, §§ 203, 204 BGB

If negotiations are pending between debtor and creditor, limitation is suspended until one side refuses to continue; it occurs at the earliest three months after the end of the suspension (§ 203 BGB). Filing a lawsuit and service of a payment order also suspend it (§ 204 Abs. 1 BGB).

§ 115 Abs. 2 VVG

The direct claim against the insurer becomes time-barred like the claim against the policyholder; limitation begins at the same point in time and ends at the latest ten years after the occurrence of the damage. If the claim has been registered with the insurer, limitation is suspended until the point at which the insurer's decision is received by the claimant in text form.

§ 12 PflVG

For the Verkehrsopferhilfe, § 12 Abs. 3 PflVG applies as a special rule (knowledge of the circumstances; suspension until receipt of the written decision or the settlement proposal under § 26 PflVG); see the separate page.

Who is responsible

Other party's motor liability insurer (registration)
Lawyer specialising in traffic law
Court (lawsuit)

Quick questions

Worum geht es bei „Limitation of accident claims“?

When your claims after the accident become time-barred and how to prevent this.

Which deadlines and figures matter?

3 years: Regular limitation period, starting at the end of the year of arising and knowledge (§ 195, § 199 Abs. 1 BGB)
30 years: Maximum period for injury to life, body, health or liberty (§ 199 Abs. 2 BGB)
10 years: Maximum period from occurrence of the damage for the direct claim against the motor liability insurer (suspension until the insurer's decision in text form) (§ 115 Abs. 2 VVG)
3 months: Where limitation is suspended by negotiations, the claim becomes time-barred at the earliest 3 months after the end of the suspension; filing a lawsuit and a payment order (Mahnbescheid) also suspend it (§ 203, § 204 Abs. 1 BGB)

What should I do first?

Note the date: Record the accident date and when you learned of the damage and the person responsible; the end of the year is the start of the period.
Register early: Register claims with the insurer in writing.
Wait for the reply: Keep the insurer's written decision.

What do I need to watch out for?

The 30-year period does not replace the 3-year period: once you have knowledge, the shorter period runs.
A special rule applies to the Verkehrsopferhilfe (§ 12 Abs. 3 PflVG): knowledge of the circumstances, suspension until the written decision.
Administrative offences have their own prosecution periods (see criminal proceedings/administrative offences).

Evidence

Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: BGB §§ 195, 199, 203, 204; VVG § 115; PflVG § 12, retrieved 20 September 2026
Verkehrsopferhilfe e.V., verkehrsopferhilfe.de, retrieved 20 September 2026

As of

September 2026 · Sources and method

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