Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
Third-party liability under the WAM · own-damage · the boundary with the AVB
Which plant and machinery policies are there?
For insurance purposes, plant and machinery is not a tool but usually a motor vehicle. That determines which cover is compulsory and which damage belongs on a completely different policy.
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Deze pagina in het Nederlands: Welke werkmaterieelverzekeringen zijn er?.
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- We compare the offerings of several insurers
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
A machine with an engine of its own that moves under its own power is generally a motor vehicle within the meaning of the WAM. As soon as such a machine goes onto the public road — even just to travel from one job to the next, or to mow a verge — third-party liability insurance is compulsory under Article 2 of the Dutch Motor Insurance Liability Act (WAM). That obligation applies regardless of whether the machine has a registration number.
On top of that compulsory third-party liability cover there are three choices. Own-damage cover insures damage to the machine itself: collision, tipping over, fire, storm and often theft as well. Third-party, fire and theft covers only a fixed list of events such as fire, theft and storm, not damage you cause yourself while driving. And liability for the work you carry out with the machine often falls not under the plant and machinery policy but under the public and employers' liability insurance.
That distinction is the most important point on this page. Damage on the machine runs through own-damage cover. Damage through the machine to someone else runs through third-party liability or through the AVB, depending on whether the machine was driving as a vehicle at that moment or standing and working as a tool. Anyone who places the two policies with different insurers runs the risk that they point at each other.
The three types of cover side by side
Virtually every offering is built up from a compulsory third-party liability layer, an own-damage layer and additional modules.
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.
Where things go wrong in practice
Four points that determine which policy actually pays after a claim.
Driving or working makes a difference
The same machine can fall under two policies in a single day. If it travels on the road and hits a parked car, that is a WAM claims. If it stands still and the boom damages the facade of the building you are working on, insurers often treat that as damage from the activity and the AVB comes into play. So make sure the two policies dovetail deliberately and record who handles which part.
Operators and certification
Policies require the operator to be authorised and, where prescribed, certified . If someone works on the machine without those papers, the insurer can reject the own-damage claim. On a third-party liability claim the insurer usually does pay the injured party, because the WAM protects that third party, but it can then recoverthe amount from you. Keep certificates and instructions on file.
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 of the machine, damage to the the load or the workpiece, damage during use by someone without the required papers, and damage caused by intent or recklessness of the insured under Article 7:952 of the Dutch Civil Code. Soil contamination from leaking oil also falls outside the plant and machinery policy almost without exception and belongs on an environmental damage policy.
Report on time and report in full
A claim must be reported as soon as reasonably possible; Article 7:941 of the Dutch Civil Code requires you to do so and a late notification costs cover. Equally important is what you declared when applying about use, location and security. That falls under the duty of disclosure in Article 7:928 of the Dutch Civil Code; if it is not correct, the insurer can reduce or refuse the settlement under Article 7:930 of the Dutch Civil Code.
What does your premium depend on?
- Type of machine — excavator, roller or aerial work platform
- Value and year of construction — the basis for the own-damage premium
- Use on public roads — determines whether the WAM applies
- Working area — your own site or changing projects
- Security and storage — tracking, fencing and a locked shed
- Claims history — previous claims and excess
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.
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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?
Third-party liability cover is compulsory as soon as the machine is a motor vehicle within the meaning of the WAM and uses the public road. That follows from Article 2 WAM and applies to machines without a registration number as well. Own-damage cover is never compulsory, but financiers and leasing companies often make it a condition for as long as the machine has not been paid off.
What is the difference between damage to and damage by the machine?
Damage to the machine itself is own-damage: your own property is damaged. Damage by the machine is liability: someone else suffers loss and holds you liable, usually under Article 6:162 of the Dutch Civil Code. That second category runs through the third-party liability cover or, where the machine was being used as a tool, through public and employers' liability insurance.
May a hired-in worker operate the machine?
Usually yes, provided they are authorised and certified and you can demonstrate that. Many policies cover only use by persons with the policyholder's permission. If you lend the machine to another business, that is a material change; report it in advance, because hiring out or lending almost always calls for a separate agreement or module.
Is transport between projects insured?
Not automatically. If the machine drives itself, the ordinary cover applies. If it goes on a low-loader or trailer, it is cargo and damage during loading, unloading and carriage often falls outside the own-damage cover. A separate transport module or own-carriage cover exists for that. Check this before the first move.
Is theft from the building site paid for?
Only if the security requirements in the policy have been complied with. Insurers usually ask for an immobiliser, a tracking system, key management and storage behind a fence or in a locked space. If one of those measures was missing at the time of the theft, the insurer can reduce or refuse the settlement.
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Which cover suits your plant?
Request a quote without obligation; we set the WAM obligation, the own-damage conditions and the security requirements of each insurer side by side.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
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.