Statutory obligation · contract · professional rule
Which insurance is compulsory?
Two types of insurance are required by law for almost everyone in the Netherlands. Everything else that is called compulsory comes from a contract, a professional rule or a collective agreement.
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In brief
Exactly two are required by law. basic health insurance applies to everyone who lives in the Netherlands or pays wage tax here; that follows from the Health Insurance Act. In addition, every motor vehicle with a Dutch registration must have third-party liability cover under Article 2 of the Dutch Motor Insurance Liability Act (WAM). That obligation attaches to the registration and not to use: a car that stands idle for a year has to remain insured or be suspended with the RDW. See health insurance and car insurance.
The second group is not statutory but contractual compulsory. A mortgage lender requires a buildings insurance for as long as the loan runs. A landlord imposes tenant's liability in the tenancy agreement. A client stipulates public and employers' liability insurance in its purchasing conditions, and for advisory or design work also professional indemnity insurance. Those requirements are just as binding as a law; the only difference is that the sanction is a breach of contract rather than a fine.
The third group runs through professional rules. Lawyers, civil-law notaries, accountants, bailiffs and estate agents have to maintain liability cover required by their professional body; without that proof they may not use the title. Employers do have an obligation to continue paying wages during illness, but no obligation to insure it: sickness absence insurance is voluntary. The same applies to a self-employed person's disability insurance .
This page deals with one situation. The full overview is on SME insurance package.
Where things go wrong
Four situations in which people think they are covered because something is compulsory.
Compulsory third-party liability does not cover your own loss
The insurance obligation in Article 2 of the Dutch Motor Insurance Liability Act (WAM) relates only to damage you cause to others with the vehicle. Damage to your own car, motorcycle or moped falls outside it; for that there is own-damage cover. The driver is not an injured third party either: their injuries are not covered without separate occupants' or personal accident cover. The same obligation applies to a motorcycle insurance and a moped insurance.
Driving or living here uninsured
The RDW checks the vehicle register and imposes an administrative penalty for an uninsured vehicle, which increases if you do nothing. If you are not covered for health insurance, a reminder is followed by automatic cover with a surcharge. In both cases there is no coverin the intervening period; the Waarborgfonds Motorverkeer pays only the victim and then recovers from the party at fault.
Made compulsory does not automatically mean suitable
A mortgage lender requires buildings insurance, but does not check whether the rebuild value is correct. If it is too low, there is underinsurance and every loss is paid in proportion. A client requires a liability policy, but rarely reads the insured capacity described; work outside that description is not covered and then you still do not meet the requirement.
What no compulsory policy covers
Damage caused deliberately is excluded under Article 7:952 of the Dutch Civil Code. Administrative fines and penalty payments are a sanction and not compensation, and are paid nowhere. Driving without a valid licence or under the influence gives the motor insurer a right of recovery: the victim is paid and you get the bill. And damage you cause in the course of your profession or business falls outside the private liability insurance.
What does your premium depend on?
- The number of compulsory policies — your registration, home and profession together determine the minimum
- Type of cover chosen — third-party liability only or with third-party, fire and theft or comprehensive cover
- Excess — both with health insurance and with general insurance
- Claims history — your step on the no-claims ladder for motor vehicles
- Home or business address — the postcode counts in the burglary and traffic risk
- Bundling into one contract — more sections in one package usually brings a discount
Insurers weigh these details differently. That is why comparing pays off.
What is covered
| Situation | Compulsory by law | To be arranged yourself |
|---|---|---|
| The bumper of the car you ran into from behind | Yes | No |
| Your own car, written off in that same collision | No | Yes |
| Your GP refers you to hospital for an operation | Yes | No |
| A broken molar that has to be repaired for you as an adult | No | Yes |
| Your moped is stolen while it stood in the shed with its registration suspended | No | Provided that |
| Your home burns down while the mortgage is still running | No | Yes |
Suspending the registration with the RDW removes the insurance obligation, but also the cover: a suspended vehicle is uninsured until you arrange that separately.
Frequently asked questions
The questions we are asked most often about this.
Is liability insurance required by law?
No. Personal liability insurance (AVP) is voluntary, while the liability itself under Article 6:162 of the Dutch Civil Code simply exists. Anyone who causes damage without a policy pays for it out of their own assets, and with injury that runs on for years. For entrepreneurs the position is different: clients and trade bodies often make public and employers' or professional indemnity insurance a contractual requirement.
Do I have to insure my car if it is not driven?
Yes, for as long as the registration is in your name and not suspended. Article 2 WAM links the obligation to the registration, not to use. If the vehicle stands idle on private land for a long period, you can suspend the registration with the RDW; the insurance obligation then lapses temporarily, but you may not use the public road with it either.
Is home contents insurance compulsory when renting?
Not by law. Many tenancy agreements do require liability cover for damage to the rented property, and landlords sometimes ask for proof of it. The contents themselves are your own risk: if the property burns out, the landlord's buildings insurance pays for the building and not for your belongings. See the explanation under home contents insurance.
What happens if a compulsory policy has been cancelled for non-payment?
The cover ends or is suspended, and with a motor vehicle the insurer reports that to the RDW. From that moment you are driving uninsured and risk a penalty. If a loss occurs in that period, the victim is paid through the Waarborgfonds Motorverkeer and the fund recovers the amount from you. Always report a loss immediately; Article 7:941 of the Dutch Civil Code requires you to.