Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
In road haulage you rarely lose a cargo claim on the substance but on the clock: the periods within which you have to notify, complain and issue proceedings are short.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
Under the CMR a claim about the cargo is in principle time-barred one year after delivery, with a longer period in the case of wilful misconduct or equivalent fault. That works both ways. You have to notify your insurer in good time and complain in good time to a fellow haulier or terminal, but you can also reject a claim that comes in too late. So record the date, time and content of every notification; when limitation is in issue that is your strongest defence.
Just as decisive is what happens at delivery. If the consignment note is signed off without reservation, the presumption is that the goods were received in good condition and the burden of proof shifts to the other party. Visible damage has to be noted immediately, non-visible damage within a short period after delivery. A driver who takes a photograph and writes the remark on the consignment note does the most important part of your claims handling.
The third issue is your own staff. Drivers are on the road every day and their own injuries fall outside liability insurance, which excludes motor vehicles. The duty of care in Article 7:611 DCC nevertheless rests with you; WEGAS cover is therefore the most predictable addition in this sector.
Every sector carries its own risks. We translate those into cover that genuinely fits what you do day to day, rather than a standard package that just happens to apply to your business too.
Sectors
Tailored
CoverThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | 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.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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.
Four points that make the difference between a policy that pays out and one that does not.
If a load shifts, the consequences are rarely limited to the goods: an overturned vehicle, a blocked carriageway, injury to third parties. A check finding a load unsecured or wrongly secured also results in a fine, and that is a sanction and therefore cannot be insured. Set out the securing method for each type of load in your instructions, have it recorded who secured it and make sure straps, corner protectors and dunnage are available.
A trailer has its own registration number and its own position. When coupled, liability usually follows the tractor unit, but as soon as it is uncoupled and stands on its own it becomes a separate risk again. The same applies to own-damage cover and to theft of the trailer with its load. Go through your fleet for combinations you use interchangeably, and for hired equipment, because that is a recurring gap when you claim.
Transport under ADR and temperature-controlled transport are separate categories. Spoilage because a refrigeration unit failed, because the temperature was set wrongly or because the door stood open too long is not covered without a separate mention. For refrigerated transport insurers ask for a temperature record covering the whole journey. If you take on such work occasionally, report it beforehand and not when the first claim arises.
Cargo theft happens during a break, at an unsecured parking place or shortly after departure. Insurers therefore impose conditions on the pitch: parking only at a guarded site, not standing unattended within the first kilometres after loading, alarms and locks active. If you do not meet those, no payment follows, however professional the theft was. Translate those requirements into a route instruction rather than into a policy annex nobody reads.
This is what people ask us most.
Under the CMR, in principle one year after delivery, with a longer period in the case of wilful misconduct or equivalent fault. That short period also protects you: a claim that comes in too late can be rejected. So record the date, time and content of every notification, and report a loss to your insurer immediately. Late notification also runs into Article 7:941 of the Dutch Civil Code.
Because a clean consignment note gives rise to the presumption that the goods were received in good condition. The burden of proof then shifts to the party claiming there was damage after all. Have drivers note visible discrepancies on the consignment note straight away and take photographs at loading and unloading. Non-visible damage has to be reported in writing within a short period after delivery.
Not on public and employers' liability insurance, because that excludes damage involving motor vehicles, and the lorry's WAM cover does not pay the driver for their own injury either. Even so, the duty of care in Article 7:611 of the Dutch Civil Code for road use during work rests on you. WEGAS insurance closes that gap and, in this sector with daily exposure to traffic, is not a borderline case.
Only if you complied with the parking conditions. For attractive cargo insurers usually require a guarded site, a minimum distance after loading before you stop and active security on the vehicle. If you park at the roadside anyway, no payment follows, however professionally the thieves went about it. Build those requirements into the route instruction for your drivers.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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. Last updated on .
The information on this page is general in nature and is not personal advice.
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