Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
Fit-out · stock · pitch
With a market van the money is in the body and in the goods inside it, and both move to a different pitch every week.
Deze pagina in het Nederlands: Verkoop- en marktwagens verzekeren.
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For insurance purposes a sales or market van is three things at once: a vehicle or trailer, a point of sale with an expensive fit-out, and a store for stock. A policy that looks only at the chassis covers the cheapest part in the event of a total loss. The counter, the drop-down side, the awning, refrigerated displays, scales, the till system and the generator should therefore be valued and declared separately.
The second point is the stock. Goods in the van are not part of the machine and follow their own rules: spoilage after a refrigeration failure is rarely paid for without separate cover, and theft from the van is subject to storage conditions. Cash is almost always a separate section with its own limit.
The third point is the pitch itself. You stand among the public, your awning projects over a walkway and you sell a product for which Article 6:185 of the Dutch Civil Code imposes strict liability. If food is also prepared in the van using gas, see insuring a food truck as plant and machinery.
The structure of the cover in three parts, with an overview per situation below.
Damage you cause to others with the machine.
Damage to the machine, the body and the attachments.
What you add separately.
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.
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.
Four points that make the difference between a policy that pays out and one that does not.
A second-hand chassis with a new sales body is worth far more as a whole than the vehicle. So have the fit-out valued and declared with a list of components: refrigeration, display cases, drop-down awning, lighting, generator, scales and till system. Without that declaration, only the vehicle is paid for in the event of fire or a total loss and you are left with the investment in the body. Report later conversions as well; otherwise the value gets out of step.
If the refrigeration fails because of a faulty generator or a failed connection to the market supply cabinet, the spoiled consignment of meat, fish or dairy is not mechanical damage to your machine. Payment calls for separate spoilage or goods cover, and that generally only pays out after a covered cause. Failure of the public electricity supply, a wrongly set thermostat and gradual loss of temperature almost always remain outside the cover.
An extended awning or a loose advertising board that blows away damages the stall next door or strikes a visitor; that is your liability under Article 6:162 of the Dutch Civil Code. Own damage to extended sun shading and awnings caused by wind is excluded in many sets of conditions above the wind force stated there. Arrangements about retracting the awning when wind is forecast and about anchoring are therefore not just practical; they determine whether a claim is paid.
For a defective product, Article 6:185 of the Dutch Civil Codeapplies: you are liable without the buyer having to show any fault. With food that risk lies in the cold chain and in the origin of your consignment. What matters is what it does not cover: the cost of recalling and destroying a consignment, the lost turnover and any fines imposed are not property damage and call for a separate arrangement.
Insurers weigh these details differently. That is why comparing pays off.
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.
The questions we are asked most often about this.
No. An insurer works from the chassis as declared. The counter, refrigeration, display cases, awning and generator together often make up the largest part of the value and belong on the policy as a separate item with a valuation. Without that declaration you are paid only for the vehicle in the event of fire or a total loss, whatever the conversion cost.
Only if you have taken out spoilage or goods cover and the cause itself is covered, for example a fault in the generator. Failure of the public electricity supply, a plug pulled out at the market supply cabinet and a wrongly set thermostat generally fall outside the cover. Have the conditions compared on this point in advance; they differ widely.
That depends on the storage arrangement in the policy. Many insurers require a locked shed or site and limit the cover for stock left in the van. Cash and the contents of the till are also almost always covered by a separate section with its own limit. If your practice differs from what has been declared, report that in advance.
Product liability under Article 6:185 of the Dutch Civil Code then comes into play: you are liable for a defective product without the buyer having to prove any fault. Injury and property damage run through your liability cover. Recalling and destroying the rest of the consignment, the lost turnover and any fines are not property damage and remain uninsured without a separate arrangement.
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.
Claim on the road? Emergency line 06 - 55 20 40 72.
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.
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