AI-generated infographic: motorcyclist leaning into a bend on a race track, next to a sign with a tick reading “Rennstrecke ≠ Rennen” (race track ≠ race) – summary of the BGH ruling on accident insurance AI-generated image. Illustrative image, not a depiction of the actual case.

Accident on the Race Track: Not Automatically Without Insurance Cover

Anyone who rides a motorcycle or drives a car on a race track often assumes that private accident insurance won't pay out in the event of an accident anyway. The Bundesgerichtshof (BGH, German Federal Court of Justice) has now made it clear: it's not that simple. What matters is not where you drive, but under what conditions.

Key points at a glance

  • A race track is not the same as a race: simply driving on a race track does not exclude cover under private accident insurance.
  • It depends on the event: according to the BGH, the usual exclusion clause only applies to a competition in which victory and placing depend on the top speed achieved.
  • Exclusions must be interpreted narrowly: a similarly high risk is not enough if the wording of the clause does not cover the case.
  • Not a free pass: the ruling does not create blanket cover for all race track outings. Your policy terms and the type of event remain decisive.

The case

An insured person had a serious motorcycle accident at a driving event on a race track. The event was not a classic race: there was no competition for placings and no result that depended on the top speed achieved.

The accident insurer refused to pay. It relied on an exclusion clause in its general accident insurance conditions (AUB 2012). According to this clause, accidents while taking part in driving events, including the associated practice runs, "in which the achievement of top speeds is what matters" are not insured.

The Landgericht (Regional Court) upheld the claim, the Oberlandesgericht (Higher Regional Court) dismissed it. The BGH overturned the appeal ruling and essentially restored the Regional Court's decision: the insurer has to pay.

The crucial difference: race track or race?

According to the BGH, the clause requires a competition in which victory and placing depend on the top speed achieved. What matters is the objective character of the event – not what individual participants intend to do.

By contrast, it is not sufficient

  • that high speeds are possible on the track,
  • that powerful vehicles are on the track or
  • that participants can be expected to want to drive fast.

According to the BGH's reasoning, risk exclusions must be interpreted narrowly. A merely "race-like" risk situation is not enough to remove insurance cover.

What the ruling means for you

  • Driving on a race track does not automatically lead to the loss of accident insurance cover.
  • What counts is the exact wording of your policy terms. The clauses differ from insurer to insurer.
  • Equally important is how the event is actually organised. Free driving or an event without competition and placings is not automatically a race in insurance-law terms.
  • For genuine races with rankings, the exclusion generally still applies.

Careful, other insurance policies: the ruling concerns private accident insurance. Motor insurance has its own terms – many tariffs generally exclude driving on race tracks. You should check this separately before a track day.

Our tips before your next track day

  1. Read the policy terms: look in your accident insurance for exclusions relating to "driving events", "races" or "motor sport".
  2. Document the event: keep the event announcement, registration confirmation and schedule. These show whether there was timing, ranking or placings.
  3. Check your motor insurance: comprehensive and liability cover for the vehicle are a separate issue – additional cover is often needed there.
  4. Don't simply accept a rejection: if the insurer refuses, it is worth taking a close look at the actual wording of the contract.

As an insurance broker, we'll be happy to look at your accident insurance and the relevant exclusions with you – with no additional fee for you, because we are paid by the insurers. And if a claim arises, we support you in dealing with the insurer.

Source

  • BGH, ruling of 13 October 2026, Az. IV ZR 251/25. The BGH decided the main issue itself; only part of the default interest was referred back to the Oberlandesgericht.
  • beck-aktuell: BGH on accident insurance on the race track (13.10.2026).

Legal and editorial notice: This article reflects the situation as of October 2026 and is for general information purposes only. It does not replace individual advice. It is not legal advice – we are insurance brokers, not lawyers. If you need a legal assessment of your own case, please contact a lawyer. The terms of the respective insurer are decisive. The title image is AI-generated and does not show the actual case. KiS – Kontor im Schwarzwald GmbH, insurance broker with a licence under § 34d Abs. 1 GewO, Reg. No. D-PS74-61V96-00.

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