Liability insurance for a self-employed lorry driver
A self-employed driver often drives equipment that is not his, for a client who places liability with him by contract. Both facts determine what an insurer will and will not pay.
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In brief
If you drive as a subcontracted haulier for a transport business, the driving itself is covered through the lorry insurance required under Article 2 of the Dutch Motor Insurance Liability Act (WAM). The AVB covers what happens alongside that: damage you cause at the loading address. A racking upright struck in the warehouse, a fence knocked down, a client's employee injured while you operate the tail lift. Those are the claims for which a client asks you for an AVB.
The most awkward point for a self-employed driver is equipment you do not own. A client's trailer, a borrowed tractor unit, a forklift you are allowed to use on the client's site: that property is in your in your care and damage to it is excluded on the AVB. The same applies to the cargo — that falls under carrier's liability with the limits in AVC or CMR, not under the AVB.
Also look critically at your contract. Haulage subcontracts contain indemnities and penalty clauses in which you take on more than the law requires; liability arising solely from an agreement is not covered as standard. And because you are not an employer, your own injury is nowhere insured on the AVB. For your own absence, disability insurance the appropriate route.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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What to look out for
Four points that determine for an owner-driver where a claim ultimately lands.
Care, custody and control over tractor unit, trailer and forklift
Everything you are given to use by someone else falls under the care, custody and control exclusion. If you drive a borrowed forklift through a door, the door may be covered but the forklift is not. Set out in the haulage contract who carries the own-damage risk on the equipment and whether an excess is passed on to you.
Work on the client's premises
At loading and unloading addresses you manoeuvre between racking, pipework and other people's staff. Damage to them is covered property damage as long as it was not caused with the motor vehicle. If it was caused with the vehicle, the WAM insurer picks it up. Photograph the situation on arrival at tight addresses.
Indemnities and penalty clauses in the subcontract
A clause in which you take all damage on yourself or accept a penalty for delay creates liability going beyond the law. The AVB excludes liability accepted under contract in so far as it goes beyond liability in law. Have the contract checked in advance. Afterwards there is no room left.
State exactly what you do
Do you drive only domestically or internationally, do you carry dangerous goods, do you operate a crane yourself? These facts determine the premium and the cover. An incorrect or incomplete disclosure touches the duty of disclosure in Article 7:928 of the Dutch Civil Code and can, under Article 7:930 of the Dutch Civil Code lead to a lower payout or none at all.
What does your premium depend on?
- Annual turnover: the usual basis for a sole trader
- Own or hired plant: determines how heavily the care, custody and control question weighs
- Type of load: general cargo, bulk, refrigerated or dangerous goods transport
- Operating a crane or tail lift: using equipment increases the damage risk
- Area of operation: domestic or international transport
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | Carriers' liability |
|---|---|---|
| You bend a racking upright in the client's warehouse with a pallet truck | Yes | No |
| A warehouse worker is trapped while you operate the tail lift | Yes | No |
| A pallet falls over during unloading and damages the floor of the distribution centre | Yes | No |
| A refrigerated consignment spoils because the unit fails en route | No | Yes |
| You put the wrong fuel in your client's tractor unit | No | No |
| The client charges you the penalty for late unloading under the subcontract | No | No |
What you cause with the vehicle itself belongs with the WAM insurance and is therefore in neither column.
Frequently asked questions
This is what people ask us most.
I damage my client's trailer. Does my AVB pay for that?
No. The trailer is property in your care and that damage is excluded. Who bears the cost depends on the haulage contract and on the owner's own-damage cover. Agree in advance whether the owner waives recovery against you and what excess is at your expense. That is cheaper than fighting it out afterwards.
The load shifts and is damaged. Which policy covers that?
Your liability as a carrier, assessed under AVC for domestic transport or CMR for international transport. Both have a limit per kilogram. The AVB excludes damage to goods carried. Separate carrier's liability insurance exists for this risk; check whether your client requires it of you.
Do I need an AVB if I only drive and do not load?
Even then you come onto third parties' premises. As soon as you get out, operate the tail lift or help with unloading, a risk arises that falls outside the WAM cover. Many clients therefore require an AVB in the haulage contract. We look at what you actually do and assess whether more limited cover is enough.
What if I am injured myself at a loading address?
Your own injury does not fall under the AVB, because it insures damage you cause to others. You can hold the possessor of the site liable if there was a defect, for example under Article 6:174 of the Dutch Civil Code with a faulty dock leveller. For the loss of income itself, disability insurance (AOV) remains the only structural solution.
Every situation is different. For these situations we have a separate page.
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