Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
An aerial work platform on plant and machinery insurance
With an aerial work platform there is a person standing in the basket, and that turns every claim question from equipment damage into injury.
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In brief
An aerial work platform does not lift a load but a human being. That makes the inspection and the authorisation of the operator more than an administrative formality: they are hard conditions of cover. Insurers state in the policy that the machine must be inspected periodically within the prescribed interval and that the operator must be demonstrably competent. If either is missing at the time of the incident, the claim can be refused.
The second feature is that the stability of a telescopic or articulated platform depends on conditions outside the machine. Wind at height, a verge that gives way under an outrigger foot after rain, a manhole beneath the asphalt: those are the causes of a machine tipping over. The manufacturer specifies a maximum wind speed and a permitted gradient; working outside those limits is no longer an accident but a choice.
Third, there is the environment above you. Working near an overhead line or a high-voltage cable is subject to a prescribed safety distance, and a basket that comes within it causes injury that is almost always permanent. If it is your own engineer who is injured, the duty of care in Article 7:658 of the Dutch Civil Codeapplies. We test that point with every plant and machinery insurance for aerial work platforms.
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Aerial work platform: what is covered?
The structure of the cover in three parts, with an overview per situation below.
Own-damage cover
Damage to the machine, the body and the attachments.
- Fire and storm
- Theft from the site
- Overturning and collision
Extensions
What you add separately.
- Inherent defect and machinery breakdown
- Transport to the site
- Hired plant
What is covered
| Situation | Third-party liability for plant and machinery | Own-damage cover |
|---|---|---|
| Damage to a building or a parked car next to the site | Yes | No |
| Theft of the machine from the building site | No | Provided that |
| Fire and storm damage | No | Yes |
| Inherent defect in the hydraulics or the engine | No | Provided that |
| Damage to the item you are working on with the machine | No | No |
| Wear and deferred maintenance | No | No |
Mobile plant is a motor vehicle within the meaning of the WAM and needs third-party liability insurance on public roads; non-mobile plant does not. Damage to cables and pipes is generally only covered if the excavation notification has been made and the trial trenches have been dug. The item you work on with the machine falls under the care, custody and control exclusion.
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
What does your premium depend on?
- Working height and outreach. The further the boom reaches, the greater the risk of tipping and injury that the insurer prices in.
- Type of chassis. A trailer-mounted, tracked or self-propelled version on a truck chassis each has its own risk profile.
- Inspection status and maintenance history. A demonstrably up-to-date inspection log is a condition of acceptance for many insurers.
- Working environment. Work alongside the public road, the railway or near overhead lines weighs more heavily than a closed site.
- Letting to third parties. If you let others operate the machine, the question shifts as to who carries the competence risk.
- Certification of the operators. Permanent, certified staff are assessed differently from changing hired-in labour without demonstrable instruction.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, your risk and your wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
An expired inspection is a ground for refusal in itself
The periodic inspection of an aerial work platform is included in the policy as a condition. If it has expired at the time of the incident, the insurer can refuse to pay, even where the cause appears to have nothing to do with the inspection. Put inspection dates in the same diary as your MOT, keep the inspection log with the machine and record your operators' certificates digitally.
Wind and ground conditions decide whether it stays upright
Tipping over is the most serious loss with these machines and rarely has a technical cause. An outrigger foot sinking into a wet verge, a manhole beneath the paving or carrying on above the permitted wind speed are the usual triggers. Use outrigger pads and keep a record of wind readings, even on short jobs. Working outside the stated gradient or wind class is an exclusion and not a matter for discussion.
The basket, the harness and the falling engineer
If someone falls out of the basket or is crushed against a structure, this is injury to an employee and the duty of care in Article 7:658 of the Dutch Civil Codeapplies. You have to show that a suitable harness with a short lanyard point was available, that it was used and that instruction was given. That liability does not fall under the liability section for third parties. It belongs on employer's liability cover.
Overhead lines and work above the public road
If the basket approaches a high-voltage cable or a tram wire, a prescribed safety distance applies and sometimes an obligation to have the line switched off. If it goes wrong, there is both injury and an interruption to the network with substantial consequential loss. If you work above a road or pavement, cordoning off is compulsory; photographs of the set-up and the cordon are your most important evidence in a claim.
Frequently asked questions
This is what people ask us most.
What happens if the inspection has expired?
The insurer can then refuse to pay, even for a loss that has nothing to do with the inspection. A valid inspection is stated in the policy as a condition and not as advice. That applies both to damage to the machine and to third-party claims. Plan the inspection well before the expiry date and keep the inspection log with the machine, not in the office.
May I carry on working in strong wind?
Only within the wind speed the manufacturer specifies for that machine. It is shown on the machine and in the manual. If you work outside it and the platform tips over, that is not an unforeseen event but a deliberate breach of a usage limit. Insurers treat it as an exclusion. Measure the wind at working height and record the reading in doubtful conditions.
Is injury to the engineer in the basket covered?
Not under the liability section for third parties. If it concerns your own employee, the claim runs through the duty of care in Article 7:658 of the Dutch Civil Code and belongs on employer's liability cover. You then have to show that a harness and lanyard point were available, that instruction was given and that you supervised their actual use.
Who is liable if I hire out the aerial work platform?
That depends on what you agree and who actually operates it. If you supply the machine with an operator, the risk largely stays with you. If you hire it out bare, responsibility for operation shifts to the hirer, but you remain responsible for a properly inspected and sound machine. Always notify hiring out in advance; not every policy covers use by third parties.
Every situation is different. For these situations we have a separate page.
- Compare plant and machinery insuranceThe main page
- A scissor lift on plant and machinery insuranceIndoor work, floor loading, inspection
- Insuring an aerial work platformWorking at height, inspection, overturning
- Insuring a scissor liftWorking at height, inspection, ground conditions
- A forklift truck on plant and machinery insuranceCertification, injury, inspection
- A pallet truck on the plant and machinery insuranceIndoors, injury, goods
- A telehandler on the plant and machinery insuranceGround pressure, lifting, certification
- A mobile crane on plant and machinery insuranceOutrigger pressure, lift plan, the load
- Which plant and machinery policies are there?Third-party liability under the WAM, own-damage, the boundary with the AVB
Read more
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.