Staff on the road · tuition fleet · franchise
Liability insurance for a driving school
A driving school with instructors on the payroll has a risk most businesses with staff do not know: your people spend virtually the whole working day behind the wheel.
- Several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een rijschool.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Damage arising with or by a motor vehicle does not belong on business liability insurance. Every tuition vehicle is subject to the compulsory insurance under Article 2 of the Dutch Motor Insurance Liability Act (WAM), and with several cars that usually runs through a fleet insurance. If a pupil has a collision, that policy pays the other party's damage and the injury to the occupants. public and employers' liability insurance begins precisely where the vehicle ends.
The most serious point for a driving school with staff sits between those two policies. An instructor injured at work while sitting in the tuition car cannot recover his own injury under the WAM cover on that vehicle. Article 7:611 of the Dutch Civil Code means that an employer must make proper provision for staff who use the road professionally. The employers' liability section of an ordinary AVB generally excludes road accidents. There is separate cover for that, explained at WEGAS and WEGAM.
What does end up on your AVB takes place outside the car: a pupil who falls in your car park or in the theory room, damage to the room you rent, a crowd barrier knocked over on a practice ground, a participant who injures himself on a simulator rig. Outside the cover are, among other things, pure financial loss such as reclaimed prepaid lesson fees, traffic and administrative fines, damage to vehicles you have on loan from a third party, and intent or deliberate recklessness (Article 7:952 of the Dutch Civil Code).
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four subjects that determine which policy a loss lands on at a driving school with staff.
Your instructors are professional drivers
An instructor is in traffic for six to eight hours a day, often next to an inexperienced driver. That is the highest chance of injury in your business. Assess whether the employers' liability on your policy excludes road use, because it usually does, and whether you close that gap with separate road use cover. Also record how many consecutive tuition hours you allow.
The tuition fleet falls outside this policy
Collisions, damage to the tuition car itself and injury to pupils are settled on the motor policy. With a growing fleet, make sure every category is notified: motorcycle, trailer, lorry or bus. A vehicle you use temporarily from a fellow driving school is in your in your care and falls under the care, custody and control exclusion in the AVB.
Self-employed and franchise instructors
An instructor who drives for you on an invoice basis is not a subordinate. Even so, your driving school can be held liable under Article 6:171 of the Dutch Civil Code for the mistakes of a non-subordinate carrying out work in the course of your business. Require them to hold their own liability policy, keep the policy schedule and record in writing who carries the excess on own damage.
Premises, ground and pupils on your own land
For a building of which you are the possessor, Article 6:174 of the Dutch Civil Codeapplies: a defect in the structure makes you liable without any fault on your part. If you rent a theory room, ask expressly for the tenant's liabilitysection, because fire and water damage to the premises rented is not included as standard everywhere.
What does your premium depend on?
- Payroll and number of instructors: the yardstick for the employers' liability section
- Number and type of tuition vehicles: mainly determines the motor premium, but colours the risk profile
- Hired-in or franchise instructors: and whether their own cover can be evidenced
- Own premises or rented theory room: and whether tenant's liability is needed
- Secondary activities: driver skills training, company courses or vehicle hire
- Sum insured chosen: together with the excess per event
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| A pupil trips over a loose paving slab in your car park | Yes | Yes |
| A participant injures his neck in your driving simulator | Yes | Yes |
| An instructor is himself injured in a collision during a lesson | No | Provided that |
| Fire damage to the theory room you rent, starting in your kitchen area | No | Provided that |
| A pupil hits a cyclist during the driving test | No | No |
| A pupil demands the prepaid lesson package back after a conflict with the instructor | No | No |
Extended here means a policy with tenant's liability and separate road use cover for staff. The tuition fleet itself stays with the motor insurer.
Frequently asked questions
This is what people ask us most.
An instructor is injured in a collision caused by the pupil. Who pays for his injury?
Not the WAM cover on the tuition car itself, because that exists for injured third parties and not for the person driving or co-driving the car. Your liability as an employer is assessed under Article 7:611 of the Dutch Civil Code: you are expected to have had proper insurance for staff who use the road professionally. If it is missing, you carry the difference yourself.
Must self-employed instructors hold their own insurance?
Yes, and ask them to prove it. They are not staff and so do not fall under your employers' liability section, while your driving school can be held liable for their mistakes under Article 6:171 of the Dutch Civil Code. Ask for an up-to-date policy schedule every year and check that the description of their activities covers the driving tuition they actually give for you.
What if an instructor's authorisation has expired?
Tuition is then being given without authority and that affects you directly as the principal. The Wet rijonderricht motorrijtuigen (the Dutch driving instruction act) requires a valid certificate with periodic refresher training. An insurer can regard this as an increase in the risk that you should have reported; Articles 7:928 and 7:930 of the Dutch Civil Code attach consequences to that for the payment. Keep track of the expiry dates yourself.
Are prepaid lesson packages insured?
No. A pupil reclaiming his remaining lesson hours suffers no injury and has no damaged property. That is pure financial loss and falls outside public and employers' liability insurance. Liability arising solely from a penalty or guarantee clause in your tuition agreement is also excluded. Keep prepaid amounts separate in your accounts, therefore.
Read more
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