Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
WAM obligation · own-damage cover · exclusions
Frequently asked questions about plant and machinery insurance
Most questions about plant and machinery come down to one point: which policy pays for which loss. This page sets out the answers that are needed most often in practice.
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Deze pagina in het Nederlands: Veelgestelde vragen over de werkmaterieelverzekering.
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- 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
The first question is almost always whether cover is compulsory. The answer: a self-propelled machine that moves under its own power is generally a motor vehicle within the meaning of the WAM. As soon as it uses the public road, third-party liability insurance is compulsory under Article 2 of the Dutch Motor Insurance Liability Act (WAM). That applies without a registration number as well, and also where the machine only crosses the road to reach the next project.
The second question concerns the distinction between damage on the machine and damage through the machine. The first is own damage, the second is liability. And within that liability there is a further split: if the machine was travelling as a vehicle, it is third-party liability; if it was standing and working as an implement, the public and employers' liability insurance into view.
The third question concerns the exclusions. A plant and machinery policy is not a maintenance contract: wear and a a defect without an external cause are not covered by it. Likewise, overloading, damage to the the load or the workpiece and use by an operator without the required certification regularly lead to refusal.
The three layers of the policy
Almost every question can be traced back to one of these three layers.
Own-damage cover
Damage to the machine, the body and the attachments.
- Fire and storm
- Theft from the site
- Overturning and collision
Extensions
What you add separately.
- Inherent defect and machinery breakdown
- Transport to the site
- Hired plant
What is covered
| Situation | Third-party liability for plant and machinery | Own-damage cover |
|---|---|---|
| Damage to a building or a parked car next to the site | Yes | No |
| Theft of the machine from the building site | No | Provided that |
| Fire and storm damage | No | Yes |
| Inherent defect in the hydraulics or the engine | No | Provided that |
| Damage to the item you are working on with the machine | No | No |
| Wear and deferred maintenance | No | No |
Mobile plant is a motor vehicle within the meaning of the WAM and needs third-party liability insurance on public roads; non-mobile plant does not. Damage to cables and pipes is generally only covered if the excavation notification has been made and the trial trenches have been dug. The item you work on with the machine falls under the care, custody and control exclusion.
What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) that you receive before you take out cover.
Four points that resolve most questions
Anyone who understands these four can place almost any loss in advance.
Travelling or working
The same machine can fall under two policies. If it is being driven and hits a parked vehicle, that is a WAM claims. If it is stationary and the arm damages a pipe or a facade on site, insurers generally assess that as damage arising from the activity, for which the AVB is intended for. Make sure the two policies dovetail, because otherwise two insurers point at each other while the injured party waits.
Who may operate it
Almost every policy covers only use by people who work with the policyholder's permission and who are authorised and certified . That applies to hired-in and agency workers as well. If the certification is missing, an own-damage claim can be refused; with third-party liability the insurer usually does pay the injured party, but it can afterwards recover.
What is not included
The following, among others, are outside the cover: wear and tear and ageing, a mechanical or electrical failure without an external cause, damage caused by overloading or incorrect use, damage to the the load or the workpiece, use by unauthorised or uncertified operators, and damage caused by intent or recklessness under Article 7:952 of the Dutch Civil Code. Soil contamination from leaking hydraulic oil does not belong on this policy but on environmental damage insurance.
What you have to report, and when
Report a claim as soon as reasonably possible; Article 7:941 of the Dutch Civil Code requires you to do so. Report changes as well: a new base location, different use or hiring out to third parties. What you stated in the application falls under Article 7:928 of the Dutch Civil Code; if that picture turns out to be incorrect, the insurer can reduce or refuse payment under Article 7:930 of the Dutch Civil Code .
What does your premium depend on?
- Type and weight of machine — heavier plant counts for more
- Value and year of construction — the basis for the own-damage premium
- Road use — determines whether the WAM applies
- Working area — your own site or changing projects
- Security and storage — tracking, fencing and key management
- Claims history and excess — earlier claims count
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your situation, risk and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
9.5New policy
9.8Claims handling
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.
Frequently asked questions
The questions we are asked most often about this.
Is plant and machinery insurance compulsory?
The third-party liability cover is, as soon as the machine uses the public road as a motor vehicle. That follows from article 2 WAM and applies without a registration number too. Own-damage cover is never compulsory by law, but financiers and leasing companies require it almost without exception for as long as the machine has not been paid off. If the machine stays solely on closed private land, the statutory obligation lapses, but the liability does not.
My machine has no registration number. Does that change anything?
Not for the insurance obligation. The WAM looks at whether it is a motor vehicle that uses the road, not at the registration. Registration and number plates do matter for admission to the road and for enforcement. So a machine without a registration number that nevertheless travels on the public road still has to have third-party liability cover.
May a hired-in or agency worker operate the machine?
Yes, provided he is authorised, holds the required certification and works with your permission. Record who may operate which machine and keep the certificates. If someone works without papers and damage occurs, the own-damage loss is generally not covered and the insurer can later recover from you a third-party payment made to the injured party.
Is the machine insured during transport to the next project?
If it drives itself, the ordinary cover applies. If it goes on a low-loader or trailer, it is cargo and damage during loading, unloading and transport often falls outside own-damage cover. A transit module or own-account transport cover exists for that. Check this before the machine is moved for the first time.
Is theft from a building site paid for?
Only where the security requirements in the policy have been met. The usual ones are an immobiliser, a track-and-trace system, key management and storage inside a fence or a locked space. If one of those measures was missing at the time of the theft, the insurer can reduce or refuse payment. Record the situation on the building site with photographs.
Why is engine damage not paid for?
Because own-damage cover covers damage from a sudden external event, not the failure of a component. Wear, a broken gearwheel or burnt-out electronics without an identifiable external cause are maintenance and warranty matters. If that defect causes a fire, the fire damage is generally covered and the defective part itself is not.
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About our service
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 written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.