Liability
- Cables and pipes
- Damage to buildings
- Injury to bystanders
With a backhoe loader you dig into ground where other people's cables and pipes run, and with this type of plant that is the risk that produces the largest bills.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
Case supplies backhoe loaders, wheeled loaders and excavators that mainly work for contractors and agricultural contractors: shallow groundworks, sewer connections, cable trenches, site preparation. That is precisely the work in which your bucket enters a route where cables, gas and water pipes run. Striking a medium-voltage cable or a gas pipe costs the repair, but also the consequential loss of businesses left without power, and that item is usually the largest.
The law imposes a concrete duty here. Before mechanical groundworks, an excavation notification must be made and the position of services must be checked on site. Insurers follow suit: they usually do cover excavation damage, but with a separate sub-limit and on condition that the information was requested and present on site. If it was not, the shortfall lands on your plate.
A second feature of this make is that it rarely stands alone. A mixed fleet with a backhoe loader, a wheeled loader and a mini excavator lends itself to a single plant policy with a schedule, rather than separate policies per machine. See also the plant and machinery insurance.
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
Damage you cause to others with the machine.
Damage to and theft of the machine, including inherent defect.
What comes into play with breakdown and transport.
What is covered
| Situation | Covered |
|---|---|
| Theft from the building site | Sometimes |
| Fire and storm damage | Yes |
| Inherent defect in the hydraulics | Sometimes |
| Damage to cables and pipes | Sometimes |
| Normal wear and tracks | No |
| Damage due to deferred maintenance | 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.
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Four points that make the difference between a policy that pays out and one that does not.
In most policies, damage to underground infrastructure sits under a separate sub-limit, apart from the general liability limit. That sub-limit usually covers the repair of the cable comfortably, but the consequential loss suffered by third parties caused by the outage runs higher. Ask explicitly how high that sub-limit is and whether consequential loss falls within it. Damage caused by digging without having requested the position of services is treated by insurers as culpable and refused.
A backhoe loader loads at the front and digs at the back, often within the same hour. On the loading side, damage occurs to paving, fences and parked vehicles; on the digging side, the risk is below ground. Insurers assess those risks differently. So declare what you actually do: a machine that only loads at a depot is a different risk from the same machine working in cable routes alongside the road.
If you subcontract groundworks, you can still be held liable under Article 6:171 DCC for damage the subcontractor causes, if the work was carried out for your business. The client comes knocking at your door. So check whether your liability cover includes the work of third parties you engage and whether those third parties are insured themselves. Damage between parties working on the same job is often dealt with separately or excluded.
With a mixed fleet the pitfall is administrative. A machine you have sold but which stays on the schedule produces premium without any insurable interest. A newly bought machine that is not on it is not covered. Work with a plant schedule that you update at every change, with type, year of manufacture, serial number and value. Damage to a machine that does not appear on the schedule is not paid, even if the rest is insured.
Parts are reasonably available through the European network.
Not every company applies the same policy for this make. With unusual versions, the question is not what it costs but who will accept it.
This is what people ask us most.
Usually, yes, but under a separate sub-limit and subject to conditions. The insurer wants to see that the position of services was requested in advance and was present on site, and that digging near the marked routes was done carefully. If that was not the case, the damage is treated as culpable and refusal is likely.
That is consequential loss, and it often runs higher than repairing the cable itself. Not every policy includes consequential loss under the sub-limit for underground infrastructure. Ask about this explicitly before you take on work in routes with business connections; otherwise the difference between the limit and the claim is for your own account.
You may be. Article 6:171 DCC makes the client of a non-employee liable where the work forms part of that client's business. The injured party then often chooses the party best able to pay. Check whether your policy covers the work of third parties you engage and record that they hold their own liability insurance.
Yes, with a plant schedule showing the type, year of manufacture, serial number and value of each machine. That only works if you update the schedule at every purchase or sale. A machine that is not on it is not insured, and for a machine you have sold but which remains on it you pay premium without any insurable interest.
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.
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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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