Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
As a self-employed professional your risk rarely lies in your own mini excavator: it lies in the machine you hire, in the main contractor's contract and in the fact that there is no employer to carry your own injury.
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You insure your own machines with plant and machinery insurance: liability for damage to third parties, own-damage cover for the machine itself. The gaps are at the edges. Hired equipment is in your care and therefore falls under the care, custody and control exclusion in your liability insurance, while the hire company places liability on you in its hire terms.
The second gap is your own position. You are not an employee, so the protection of Articles 7:658 and 7:611 of the Dutch Civil Code does not apply to you. If the machine tips over with you in it, there is no employer to be liable and the plant and machinery policy does not pay for your injury: it covers the machine and damage to third parties.
If you work with several machines and staff, the emphasis shifts to the equipment schedule and the range of operators; see the general plant and machinery insurance. For your own income and injury, look at the insurance package for self-employed professionals.
We compare your plant and machinery insurance across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
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 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.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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.
Four points that make the difference between a policy that pays out and one that does not.
The hire agreement places damage, theft and often continuing hire charges during repair on you, and your liability insurance excludes things in your care as standard. So insure a fixed amount for hired equipment. Note what the hire company's damage waiver actually is: usually a limitation of your liability with an excess and exceptions for theft and gross negligence, not full cover.
If you are on a project as a subcontractor, the client is liable towards third parties under Article 6:171 of the Dutch Civil Code and then recovers that from you. The project's CAR insurance also usually covers only the works themselves; subcontractors' equipment is included only if it has been expressly declared. Ask before you start who is insured for what and do not accept an indemnity clause without knowing what your own policy takes over from it.
Without an employer there is no duty of care under Article 7:658 of the Dutch Civil Code and no insurance obligation for work-related travel under Article 7:611 of the Dutch Civil Code. If you are injured because the machine tips over or a load falls, there is only cover if you arranged it yourself: personal accident insurance, disability insurance (AOV) or a mutual sickness fund. The liability cover on the machine does not pay out to you, because you are not a third party.
Most self-employed people put the machine on their own land or on the driveway in the evening. That address and the security belong in the application. If reality differs from it, you are up against the duty of disclosure in Article 7:928 of the Dutch Civil Code. Also excluded are: theft without the prescribed tracker or locking, damage during transport where no transit cover has been included, and the load working loose on the way.
Mini excavators, plate compactors and generators are light enough to be driven away on a trailer. At higher values insurers ask for a tracker and arrangements for storage outside working hours. Record serial numbers and mark your equipment.
As a self-employed professional you rarely have a spare machine. If your main machine is out of action, your work stops. Work out what a week without that machine costs you and weigh that against cover for hired equipment or machinery breakdown with business interruption.
This is what people ask us most.
Usually not. It is a limitation of your liability for a surcharge, with an excess and exceptions for theft, incorrect use and gross negligence. Theft of a hired plate compactor from the building site therefore often remains at your expense. A fixed insured amount for hired equipment on your own policy is generally the better route.
Only to the extent that you are included in it. A CAR policy covers the works themselves; subcontractors' ancillary equipment is only included if it has been expressly declared, and your liability remains your own affair in any event. Ask for written confirmation before you start and read the indemnity clause in the subcontract before you sign.
Nobody, unless you have arranged it yourself. You are not an employee, so Article 7:658 of the Dutch Civil Code gives you no claim against an employer, and under your own liability cover you are not a third party. Only personal accident insurance, disability insurance or a comparable arrangement absorbs the loss of income and the permanent damage.
It may, provided you declare it. The storage address and the security are acceptance questions. If you conceal that the machine stands in the street or on an open drive, you are up against the duty of disclosure in Article 7:928 of the Dutch Civil Code and the insurer can reduce payment in the event of theft. Also ask which locking or tracker is compulsory.
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.
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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