Traffic accident insurance for employees
Staff who take to the road for work can hold the employer liable for their own injury, even where nobody is at fault. An ordinary motor insurance does not absorb that.
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In brief
This cover exists because the ordinary traffic policies leave a gap. The WAM requires you under Article 2 to have liability insurance for the motor vehicle, but that covers other people's losses, not those of your own driver. The own-damage cover pays for the car, not the person. And health insurance pays for the treatment, not the loss of income or the non-material damages. Precisely in between lies the loss of an employee who has an accident during working hours.
The legal basis lies in Article 7:611 of the Dutch Civil Code, good employment practice. For taking part in traffic, the strict duty of care under Article 7:658 of the Dutch Civil Codedoes not apply, because you cannot lay out or supervise the public road. Instead, the employer is expected to make adequate insurance for employees they send out into traffic. If that provision is missing and someone is injured, the employer can be held liable for the uninsured part, even without fault of their own.
The traffic injury insurance therefore pays out regardless of fault: in a single-vehicle accident, in a collision where the other party drives off, and in a collision for which the employee was themselves responsible. What is insured is the employee's own loss, including injury, loss of income and damaged personal belongings in the vehicle. The difference from the variants that insure only the employer's liability is explained under WEGAS and WEGAM.
This page deals with one situation. The full overview is on SME insurance package.
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What to look out for
Four points that determine whether this cover does what you expect of it.
All means of transport, not just the car
The largest group of traffic casualties among employees is not in cars. Delivery riders on a bicycle or e-bike, technicians on a scooter and employees on foot run the same risk. So choose a description that covers all forms of participation in traffic; a policy that applies only when a motor vehicle is used leaves out precisely the most vulnerable group.
Commuting is a separate choice
Pure commuting in principle falls outside the sphere of work and as standard is often not covered. As soon as the journey acquires a business element, for instance a stop at a client or carrying colleagues at the employer's request, that picture changes. Have the cover expressly extended if your people drive company vehicles to and from home.
Agency workers, interns and volunteers
Hired-in staff fall within your duty of care under Article 7:658(4) of the Dutch Civil Code, even without an employment contract. The same applies in practice to interns and volunteers you send out into traffic. Include them as insured persons in the description; otherwise the question of who is liable remains unanswered while the loss is real enough.
What is not included
Outside the cover are: damage caused by the employee's intent or wilful recklessness under Article 7:952 of the Dutch Civil Code, driving without a valid driving licence or while under the influence of alcohol or drugs, and taking part in competitions or speed trials. The own damage to the vehicle itself does not belong here either; the car insurance needed.
What does your premium depend on?
- Number of employees who go out on the road: usually expressed in FTEs or in the wage bill
- Type of transport: deliveries, field work or occasional journeys
- Means of transport used: car, van, bicycle or on foot
- Including commuting: considerably increases the number of hours exposed
- Area of cover: the Netherlands only or journeys across the border as well
- Hired-in staff: counts as soon as you include them as insured persons
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Traffic damage | Car insurance |
|---|---|---|
| Your sales representative drives into a tree and is unfit for work long term | Yes | No |
| A hit-and-run driver rams the company van and your technician is left with a neck injury | Yes | No |
| Your employee's laptop is destroyed in that same collision | Yes | Provided that |
| The company van is a total loss after the single-vehicle accident | No | Provided that |
| Your delivery rider falls off the e-bike over a loose paving slab and breaks their wrist | Provided that | No |
| Your employee had been drinking and caused the accident as a result | No | No |
Motor insurance looks at the vehicle and at the other party. This cover looks at your own employee.
Frequently asked questions
This is what people ask us most.
Is this the same as an accident insurance for staff?
No. An accident insurance pays an amount agreed in advance for permanent injury or death, regardless of the actual loss. A traffic injury insurance compensates the employee's loss as actually suffered, including loss of income and costs. The two do not exclude each other, but they do not replace each other either.
My employees drive their own cars. Is that a problem?
That is precisely a reason to arrange this cover. Where a private car is used for work you have no say over the own-damage cover and the employee bears the excess and the loss of no-claims years. A traffic injury insurance can absorb those consequences; set out in a scheme what you will and will not reimburse.
What if the other party is liable?
The loss can then be recovered there and this policy acts in addition, for instance where the other party is uninsured, drives off or disputes liability. The insurer that pays can then recover the loss itself. For the employee it means they do not have to wait for the outcome of a discussion between insurers.
Does the cover also apply abroad?
That depends on the territorial scope declared. Many policies are limited to the Netherlands or to Europe. If your field staff regularly drive across the border, have that amended. Also report an accident in good time: Article 7:941 of the Dutch Civil Code requires you to report the loss as soon as you are reasonably aware of it.
Every situation is different. For these situations we have a separate page.
- WEGAS and WEGAM: what is the difference?The main page
- WEGAM insurance through De VereendeMotor vehicles, the driver, commercial transport
- WEGAS XL: the extended employee cover through Turien & CoBroader description, occupational diseases, run-off
- Employer's liability insurance (WEGAS/WEGAM)Duty of care, traffic accidents, Article 7:611 of the Dutch Civil Code
- WEGAS and WEGAM insuranceThe traffic gap, Article 7:611 of the Dutch Civil Code, proper insurance