Published by Adrian Vogel · Reading time: approx. 7 minutes · Last updated: August 2026 · Jurisdiction: Germany (with brief notes on Austria and Switzerland)
Let's be clear from the start: This article is not legal advice, and OWNAMIC is neither an insurer nor a legal services provider. We describe what the law, the courts and claims practice actually say – with sources – and derive from that what sensible documentation looks like. Whether and how much an insurer pays in any individual case is its own decision, based on the policy and the evidence. Documentation, even good documentation, is not a guarantee.
The Scenario
Imagine your house burns to the ground. Everyone gets out unharmed, but nothing else survives: no furniture, no coin collection, no jewellery. And no receipts, no photos, no appraisals either. The phone was on the nightstand, the folder of paperwork in the study. What happens now with your household contents insurance (Hausratversicherung)? The short answer: you probably won't walk away with nothing. But you'll be negotiating from the weakest position there is, and for anything beyond an average household, it gets expensive.
What the Law and the Courts Say
The burden of proof is on you. In civil proceedings, each side has to prove the facts that work in its favour. So you have to show that the items existed, how many there were and what they were worth. For burglary, case law offers the evidentiary relief of the "outward appearance" (most recently BGH, judgment of 17 April 2024 – IV ZR 91/23). There is no comparable relief for proving which items were present before a fire and what they were worth. That is the core of the problem.
The law knows two standards: § 286 ZPO (full proof) for the question of whether an item existed, and § 287 ZPO (estimation) for the question of what it was worth. The good news: once it is established that household contents burned at all, a court must at least estimate a minimum loss (BGH, judgment of 23 October 1991 – XII ZR 144/90). The bad news: anyone who provides no factual anchors at all bears the risk themselves, and when in doubt, courts routinely apply a substantial deduction (BGH, judgment of 8 November 2001 – IX ZR 64/01). Before the Regional Court of Aschaffenburg (judgment of 26 November 2019 – 11 O 3/18), for instance, the claimant could not produce a single purchase receipt. The court estimated on the basis of witness statements and photographs and awarded around €6,100 instead of the roughly €17,300 claimed. That is the typical pattern: without documentation, the court estimates, but conservatively.
How insurers settle. The consumer advice centre of North Rhine-Westphalia (Verbraucherzentrale NRW), the German Association of the Insured (Bund der Versicherten) and insurers themselves describe practice in similar terms: claims are settled even without receipts, provided the loss is plausible. Accepted substitute evidence includes photos and videos, bank statements, online order histories, replacement receipts, warranty cards, user manuals and witnesses. For anything that cannot be documented at all, rule-of-thumb values for a normally furnished household apply. That works tolerably well for clothing, kitchenware and standard furniture. It does not work for anything individual and high-value. There is no reliable public statistic on how much insurers cut settlements when receipts are missing. Individual reports mention initial offers of "at most 50%", which is a negotiating position, not a legal standard. We are not going to invent a number that doesn't exist.
Valuables: this is where it hurts most. Under the German Insurance Association's model terms (GDV, VHB), these include cash, jewellery, precious metals, coins, stamps, art and antiques over 100 years old, in other words exactly what collectors keep at home. Separate limits apply to them, varying by tariff: for all valuables combined often 20% of the sum insured, in newer tariffs 30–50%; for jewellery, valuable watches, coin and stamp collections outside a certified safe often around €20,000. The underinsurance waiver (the square-metre rule; the GDV recommends at least €650 per m²) protects you from proportional cuts on general household contents, not on these sub-limits. And a collection's value depends on condition, rarity and authenticity, things that only certificates, auction results and appraisals can establish. In one burglary case, a court refused compensation for gold coins because their authenticity could not be proven. To an insurer, a burned coin collection without documentation is simply an assertion.
The fraud trap. Anyone who "polishes up" the list after the loss, inventing items or deliberately inflating values, risks complete forfeiture of the claim for fraudulent misrepresentation (Arglist), regardless of whether the deception would have made any difference (§ 28 VVG; Higher Regional Court of Hamm, VersR 2012, 356; Regional Court of Cologne, judgment of 23 August 2007 – 24 O 207/06, concerning an inflated CD collection). That is why we at OWNAMIC place so much emphasis on honest evidence levels. An estimate that is labelled as an estimate is unproblematic. An estimate that is presented as fact is dangerous.
If you can't agree, the German Insurance Ombudsman (Versicherungsombudsmann) is a free dispute resolution body: in 2024 it received 21,548 complaints, 938 of them admissible complaints about household contents insurance. Decisions against the insurer are binding up to €10,000. The Ombudsman does not assess the amount of a loss, though; for disputes purely about the amount, what remains is the expert appraisal procedure (Sachverständigenverfahren) or litigation.
The Evidence Scale: From "Weak" to "Credible"
From case law, claims practice and consumer guidance, a scale can be derived. It is our assessment, not a legal standard, but it shows which evidence carries what weight when it counts.
| Level | Type of evidence | Evidentiary weight | What it proves – and what it doesn't |
|---|---|---|---|
| 0 | Off-site storage (cloud, copies with third parties, safe deposit box) | No evidentiary weight of its own – but the precondition for everything else | Without it, every document burns with the house |
| 1 | List from memory after the loss | Party assertion, weak | Starting point for an estimate, nothing more |
| 2 | Witnesses (neighbours, family, visitors) | Witness evidence, factual anchor for § 287 ZPO | Existence yes, value hardly; relatives are scrutinised critically |
| 3 | Bank statements, credit card statements, order histories, replacement receipts | Strong circumstantial evidence | Purchase and price, not necessarily continued possession |
| 4 | Undated photos | Circumstantial evidence of existence | Existence and condition, not value; timing unclear |
| 5 | Dated photos and videos, room-by-room walkthrough | High persuasive force, good basis for § 287 | Existence and extent, value only to a limited degree |
| 6 | Original invoices | Documentary evidence | Purchase price, not replacement value at the time of loss |
| 7 | Inventory with receipts, valuables register lodged with the insurer | Very high, because created before the loss and known to the insurer | Largely settles the "whether" for valuables |
| 8 | Appraisals, certificates, auction results | Expert evidence, highest level | Existence and value; but ages with the market |
Three patterns run through the whole scale. Existence and value are two different things to prove: a photo proves that something was there, not what it was worth, and an invoice proves the purchase price, not that the item was still there on the day of the fire. Timing matters: evidence that demonstrably existed before the loss carries more weight than a reconstruction afterwards. And nothing that burns with the house is any use. Level 0 is not optional; it is the precondition.
How to Document with OWNAMIC
OWNAMIC is not evidence and not a legal adviser. It is a place where you describe your possessions in a structured way, attach supporting documents and honestly label how well each item is supported. Every value carries one of four evidence levels for that. Mapping them to the scale above is not automatic, but it is a useful rule of thumb:
| OWNAMIC evidence level | Meaning | Roughly corresponds to |
|---|---|---|
| assumed (angenommen) | Placeholder, no supporting evidence yet | – |
| estimated (geschätzt) | Your own estimate, possibly based on comparable items | Levels 1–2 |
| researched (recherchiert) | Value derived from a traceable source (market prices, order history, bank statement) | Levels 3–5 |
| documented (belegt) | Evidence exists and is attached: invoice, appraisal, certificate | Levels 6–8 |
The evidence level refers to the value. Whether an item existed is shown by photos and videos, regardless of whether the value is "estimated" or "documented". Both belong together.
Capture room by room, today. Walk through every room with your smartphone, open cupboards and drawers, include type plates and serial numbers, and upload everything directly to OWNAMIC.
The recordings are then immediately stored outside the house (Level 0 done) and carry an upload timestamp held by a third party. That is not an official certification, but it is solid circumstantial evidence that the recording existed no later than that point in time (Level 5). A photo doesn't prove value. That's what the next steps are for.
Attach evidence wherever it exists. Invoices, bank statements, order confirmations, warranty cards: whatever you find goes on the item it belongs to. In OWNAMIC, every piece of evidence is an event on the item, anchored in time: the purchase on 12 March 2019, the repair in autumn 2023, last year's appraisal. That builds a timeline for each item that shows when evidence originated and what it relates to. OWNY helps extract retailer, date and amount, you check and confirm. An "estimated" value becomes a "researched" or "documented" one (Levels 3 and 6), and the evidence survives the fire. An invoice from 2014 proves the purchase price back then, not today's replacement value. That's fine; what matters is that it exists.
Set evidence levels honestly. This is the most important step, and it takes some self-discipline. If you are only guessing the value of the leather sofa: enter "estimated". If you remember a purchase price but have no receipt: "researched", noting where the figure comes from. "Documented" only if the document is actually attached. In a claim, a list in which estimates are recognisable as estimates is more credible than a list in which everything looks equally certain. And it protects you from an accusation of fraud. Honest imprecision beats false precision.
Treat valuables and collections separately. For jewellery, watches, coins, stamps, minerals and art, certificates, auction results and proof of purchase belong on every relevant piece, and for the pieces where it's worth it, an appraisal by a publicly appointed and sworn expert as a dated event with the PDF attached. The reference value (Orientierungswert) OWNAMIC can show you for many items helps you get your bearings; it does not replace an appraisal, and insurers will not treat it as one. Compare the total of your valuables with the limits in your policy. If you're over, that's a conversation worth having with your insurer or broker, not with us. And export your valuables and send them in: a list known to the insurer before the loss is Level 7.
Hold the big picture up against the sum insured. OWNAMIC shows you what your household contents are worth in total, with the respective evidence level. The industry rule of thumb is €650 per square metre, but a well-furnished home quickly exceeds that. Whether your sum is adequate is something only your insurer or broker can tell you. We give you the number for that conversation.
Further reading: carrying net worth forward with tangible assets, loans and inflation – the Big Picture in OWNAMIC
Keep it current, and make sure others can get in. Appraisals for gold, watches or coins can be outdated within a few years. Set reminders: a fresh walkthrough once a year, and after every major purchase, immediately an event with the receipt. And share the relevant areas with a trusted person, because when it matters it may be your partner or someone holding power of attorney who needs the list. Login details belong somewhere they won't burn with the house. A cloud nobody can get into is just another locked filing cabinet.
And when it has happened:
- Report the loss without delay (insurer, police or fire brigade).
- Export the list from OWNAMIC – with evidence levels. Submit it as it is.
- Add from memory whatever is missing, and label it as an addition.
- Don't inflate anything. Nothing.
- Ask for an advance payment as soon as liability and a minimum amount are established.
- In case of dispute: talk first, then the Ombudsman; for disputes about the amount, the expert appraisal procedure or a specialist insurance lawyer.
What OWNAMIC Can't Do
Because we mean it when we say honest:
- We don't guarantee a payout. Whether and how much is paid is the insurer's decision, based on the policy and the evidence. Good documentation improves your position; it compels nothing.
- We don't give legal advice. Whether your policy fits, whether a sub-limit applies, whether a policy duty has been breached – that's for insurers, brokers or specialist lawyers.
- Our timestamp is not a qualified electronic timestamp under the eIDAS Regulation. It is circumstantial evidence confirmed by a third party. That is more than nothing and less than a notarial record.
- A reference value is not an appraisal. For high-value individual pieces, you need an expert.
- A photo doesn't prove value. And an invoice doesn't prove that something was still there on the day of the fire. Together they are strong; each on its own has gaps.
Checklist to Take Away
- Room-by-room video recorded and uploaded
- Existing invoices and receipts scanned and attached
- Evidence levels set honestly (assumed / estimated / researched / documented)
- Valuables backed by certificates, auction results or appraisals
- Total of valuables compared with the sub-limits in the policy
- Valuables register lodged with the insurer
- Total value compared with the sum insured
- Annual walkthrough and appraisal review set as reminders
- Trusted person has access; login details are stored outside the house
Briefly: Austria and Switzerland
Austria: Here too, the policyholder bears the burden of proof. Many household insurance terms (e.g. ABHD 2023) explicitly require keeping registers with values for valuables and collections and storing them separately – as a safety requirement whose breach can lead to forfeiture of cover under § 6 VersVG. The Austrian Chamber of Labour (Arbeiterkammer) provides templates.
Switzerland: Household contents are insured privately (VVG); the building is covered in most cantons by the cantonal building insurer. The claimant bears the burden of proof (Art. 8 ZGB); Art. 39 VVG governs the duty to provide information but creates no evidentiary relief (BGE 129 III 510). Fraudulently substantiating a claim leads to forfeiture under Art. 40 VVG – the Swiss counterpart to the German fraud rule.
Sources
Legislation
- §§ 286, 287 ZPO (German Code of Civil Procedure); §§ 28, 31, 81 VVG (German Insurance Contract Act); § 1006 BGB (German Civil Code)
- § 6 VersVG (Austria); Art. 39, 40 VVG (Switzerland); Art. 8 ZGB (Switzerland)
Case law
- BGH, judgment of 17 May 1989 – IVa ZR 130/88 (arson by the policyholder, full proof)
- BGH, judgment of 23 October 1991 – XII ZR 144/90 (minimum loss under § 287 ZPO)
- BGH, judgment of 8 November 1995 – IV ZR 221/94 (outward appearance, burglary)
- BGH, judgment of 8 November 2001 – IX ZR 64/01 (deduction in estimation)
- BGH, decision of 19 November 2008 – IV ZR 341/07 (presumption of ownership, § 1006 BGB)
- BGH, judgment of 17 April 2024 – IV ZR 91/23 (outward appearance, burglary)
- OLG Hamm, VersR 2012, 356 (fraudulent misrepresentation)
- LG Köln, judgment of 23 August 2007 – 24 O 207/06 (fraudulent misrepresentation, inflated collection)
- LG Aschaffenburg, judgment of 26 November 2019 – 11 O 3/18 (fire loss without receipts, estimation)
- BGE 129 III 510 (Switzerland, Art. 39 VVG)
Consumer and industry sources
- Verbraucherzentrale NRW: Hausrat – Versicherungsschaden ohne Unterlagen melden, https://www.verbraucherzentrale.nrw/wissen/geld-versicherungen/weitere-versicherungen/hausrat-versicherungsschaden-ohne-unterlagen-melden-70702
- Versicherungsombudsmann e. V., Annual Report 2024, https://www.versicherungsombudsmann.de/wp-content/uploads/Jahresbericht_2024.pdf
- Stiftung Warentest: Versicherungsombudsfrau – außergerichtlich ist im Trend, https://www.test.de/Versicherungsombudsmann-Die-Beschwerde-lohnt-sich-4383876-0/
- Deutsche Schadenshilfe: Sachverständiger für Hausrat, https://deutsche-schadenshilfe.de/sachverstaendige/sachverstaendiger-gutachter-fuer-hausrat/
- Arbeiterkammer (Austria): Haushaltsversicherung, https://www.arbeiterkammer.at/service/presse/Haushaltsversicherung_2018.pdf
- ABHD 2023 (Austria), https://www.versich.at/fileadmin/import/pdf/abhd2023.pdf
- Swiss Federal Supreme Court, BGE 129 III 510, https://www.bger.ch/ext/eurospider/live/de/php/clir/http/index.php?highlight_docid=atf%3A%2F%2F129-III-510%3Ade&lang=de&type=show_document
Limits and sub-limits vary by tariff and insurer; the amounts given are orders of magnitude from consumer and industry sources, not binding figures. Your policy is always what counts.