Tort is an agreement under the provisions of legislation that was born because of illegal human actions/ not permitted by law. According to the division of family law, we understand that there is two major legal systems, which are Common Law and Civil Law. This Thesis compares tort law in specific way under the provisions of the draft Indonesian Civil Code and German Law Tort and see the application of these elements in traffic accident. This research is normative with descriptive comparative research. The results are the explanation of some differences between Indonesian civil code and Germany civil code of the accountability and the compensation from the act of traffic negligence. The data of this research is gained by doing a research that are library research. The library research is done by studying and analyzing the rules of law, textbooks, journals, articles, and the other documents relate to this research topic. The whole data will be analyzed and accomplished descriptively. The damage that often happened to victim included material and immaterial damage. This thesis reviews about two main things: liability owner of the vehicle and driver for traffic accidents in tort law and the second is the compensation distribution for the torts of traffic accidents.