Since the registration requirement, an agricultural tractor is an ordinary motor vehicle on the road, but on the land different rules apply from those in traffic.
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In brief
A tractor with a registration number is subject to the insurance obligation under Article 2 of the Dutch Motor Insurance Liability Act (WAM), just like a car. That third-party liability cover relates to the traffic risk: damage you cause to others with the machine while driving. Where agricultural machinery chafes is the distinction with the work risk: damage that arises while the tractor is used as a tool.
If you drive the front loader into the wall of a livestock building, or damage a client's yard with the tipping trailer, that is not traffic damage but working damage. It falls under a liability insurance policy for the business, not automatically under the tractor policy. Anyone who does not match the two leaves a gap in exactly the place where most damage occurs.
The second point concerns the mounted implements. A front loader, plough, slurry tanker or tipping trailer often represents a large part of the value of the combination and has to be declared separately. For non-commercial use, see the hobby tractor insurance.
The structure of the cover in three parts, with an overview per situation below.
Compulsory
Third-party liability
Damage you cause to others.
Required by law
As long as the registration is in your name
Suspend the registration when not in use
Third-party liability plus
Third-party, fire and theft
Causes beyond your control.
Fire and storm
Theft
Windscreen damage
Comprehensive cover
Comprehensive
Including damage you cause yourself.
Own fault
Vandalism
Replacement-as-new period
What is covered
Situation
Third-party liability
Third-party, fire and theft
Comprehensive
Damage to the other party
Yes
Yes
Yes
Theft
No
Yes
Yes
Fire and storm
No
Yes
Yes
Damage you cause yourself
No
No
Yes
Wear and mechanical defects
No
No
No
Driving without a valid licence
No
No
No
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Traffic risk and working risk are two policies
The WAM cover on the tractor pays for damage arising in traffic. If you damage something with the loader or the tipping trailer during work, that is work risk and belongs with your public and employers' liability insurance. If you work for third parties, Article 6:171 of the Dutch Civil Codecomes into play as well: the client can also be held liable for mistakes by a non-subordinate assistant. Have both policies set side by side so that no gap falls between them.
Declare every implement separately
A front loader, plough, tipping trailer or field sprayer is not automatically included on the tractor policy. Without a separate declaration, only the tractor is paid for after a fire or total loss. Record for each implement the year of manufacture, the make and the value, and update that list whenever you replace something. Do not forget the electronics fitted either: GPS steering and on-board computers are expensive, easy to remove and therefore prone to theft.
Who operates the tractor determines your liability
If an employee drives the tractor, you as the employer are liable for the damage they cause to others under Article 6:170 of the Dutch Civil Code, and towards the employee themselves under Article 7:658 of the Dutch Civil Code if they are injured. Make sure every driver holds the required licence category and has demonstrably been instructed. An agency worker, a trainee or a family member working on the farm counts here too.
What is not covered
Three items are not paid for. Damage to the property being worked on itself, for instance a crop you treat incorrectly with the sprayer or a field you compact, falls under the care, custody and control exclusion. Mechanical defects and wear, such as a defective transmission or a split hydraulic hose, are maintenance. And damage that arises while an unauthorised or ineligible driver was at the wheel is for the business's own account.
What does your premium depend on?
Power and weight of the tractor. Heavier machines cause greater damage in a collision and weigh more heavily in the rate.
Implements declared. Loader, plough, tipping trailer and sprayer count in the insured value and therefore in the premium.
Own farm or contract work for third parties. Working on other people's land brings additional liability risk with it.
Number and experience of the drivers. Permanent staff, agency workers and seasonal workers are assessed differently.
Storage on the yard. A locked shed as against an open lean-to differs considerably in fire and theft risk.
Electronics fitted. GPS equipment and on-board computers increase both the value and the theft risk of the machine.
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.
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.
What is the difference between working risk and traffic risk?
Traffic risk is the damage you cause with the tractor as a moving vehicle. That falls under the WAM cover. Working risk is the damage that arises while the machine functions as a tool, for instance while loading, ploughing or spraying. That belongs with public and employers' liability insurance. If the two policies are not matched, a gap arises in exactly the place where most damage occurs.
Are mounted implements automatically insured?
No. A front loader, plough, tipping trailer or field sprayer has to appear separately on the policy with its make, year of manufacture and value. Without that declaration the insurer pays only for the tractor after a fire or total loss. Update the list when you replace or buy an implement, and include GPS equipment and on-board computers expressly; those are expensive and easy to remove.
Who is liable if an employee causes damage while driving?
As the employer you are liable for damage your employee causes to third parties during work, under Article 6:170 of the Dutch Civil Code. If the employee themselves is injured, your duty of care under Article 7:658 DCC applies. Recovery from the employee is possible only in cases of intent or wilful recklessness, see Article 7:661 DCC. Instruction and the right licence category are therefore no formality.
Does the insurance also apply on my own land?
The WAM obligation relates to the public road, but damage you cause on your own or rented land does not disappear with it. Hitting a barn, a fence or a pipe in the ground runs through your liability insurance, with the care, custody and control exclusion as the boundary: the property you are working on is usually excluded. Have it recorded which plots and activities fall within the cover.
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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