Liability insurance whilst volunteering

Personal liability insurance is important in everyday life. It protects you against claims for damages that may arise in day-to-day life – for example, if you accidentally injure someone or damage something.

Please note: Voluntary work is often excluded from personal liability insurance policies or is only covered to a limited extent. Check your existing policy or ask your insurer what conditions apply to your voluntary work.

Legally independent organisations such as clubs, associations or trusts should take out club or public liability insurance. This provides cover against claims for damages made against the organisation. It is important that volunteers are expressly included in the insurance cover.

Important note: A detailed description of the organisation’s activities and the names of volunteers must be recorded in writing and any changes must be reported. The exact requirements vary depending on the insurance policy. You should therefore check directly with your insurer to find out what needs to be documented and reported.

Financial losses can also be a factor. Association board members may be held personally liable for financial losses. Financial loss liability insurance can protect them against this. Find out more from specialist insurance providers for charitable organisations, such as Ecclesia Versicherungsdienst GmbH.

Many volunteers are unaware that the law already protects them. There are statutory limitations on liability for certain individuals within the association. These apply to board members working without remuneration or for a nominal fee, special representatives within the meaning of Section 30 of the German Civil Code (BGB), and members of the association.

In the event of damage arising in the course of the association’s assigned tasks, they are generally liable to the association only in cases of wilful misconduct or gross negligence. This is governed by Sections 31a and 31b of the German Civil Code (BGB). Legal experts refer to this as ‘limited liability’. This provision applies automatically, even without a specific provision in the articles of association. It cannot be excluded in favour of the volunteers by the articles of association (Section 40 of the BGB); only the extension of liability to association members under Section 31a(1), second sentence, of the BGB may be excluded in the articles of association (discretionary provision in the articles of association). 

Since 2026, the liability privilege has applied to persons who work without remuneration or who receive remuneration of no more than 3,300 euros per year. 

Important to note: The liability privilege applies primarily to liability towards the association and – under the same conditions – towards the association’s members (Section 31a(1), second sentence, of the German Civil Code (BGB)). Volunteers remain liable to third parties who have suffered damage in accordance with the general rules. However, they may request indemnity from the association, provided that the damage was not caused intentionally or through gross negligence (Section 31a(2), Section 31b(2) of the German Civil Code (BGB)). The protection does not apply in cases of intentional or grossly negligent conduct.

Since 2006, the State of Baden-Württemberg has had collective policies for third-party liability and accident insurance. The insurance covers individuals who are active in groups or initiatives that are not registered as associations or legal entities. The insurance cover is supplementary; in other words, existing insurance policies always take precedence.

Legally independent organisations such as associations, federations or foundations must arrange liability cover for their volunteers themselves. They are not covered by the state’s collective insurance policies. Visitors or participants at an event are also not automatically insured under these policies.

The best way to find out whether your organisation’s voluntary work is covered by the collective policy is to check with the relevant voluntary work coordination office. Further information can be found in the brochure published by the Baden-Württemberg Ministry of Social Affairs.

Anyone who organises events faces a particular liability risk. If personal injury is caused through one’s own fault, this can result in substantial financial claims. Event organiser’s liability insurance provides specific cover against these risks.

Smaller club events are often covered by the club’s existing public liability insurance. For larger public events such as town festivals or markets, separate event liability insurance is usually required, which can also be taken out at short notice.