Wrong debtor · home visits · client money
Liability insurance for a debt collection agency
A debt collection company rarely damages an item. It damages creditworthiness, a reputation or a bank account, and that is a different type of loss from what the AVB covers.
- Several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een incassobedrijf.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- 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
Public and employers' liability insurance (AVB) pays for injury and damaged property suffered by others. At a debt collection company that is mainly the risk of the office and field work: a visitor falling on your premises, a member of staff damaging a door or contents during a home visit, injury arising when a conversation on the doorstep escalates. For defects in your own premises, Article 6:174 of the Dutch Civil Codeapplies, and if you rent, ask for the tenants' liability section.
Your real risk is pure financial loss and that is excluded on the AVB. Think of writing to and pressing the wrong person, carrying on collecting when payment has already been made, charging costs that do not comply with Article 6:96(2) of the Dutch Civil Code and the Dutch decree on out-of-court collection costs, or a registration that affects someone's creditworthiness. Those claims belong on professional indemnity insurance. For the sector, see also the liability insurance for debt collection agencies.
Since the introduction of the Dutch Debt Collection Services (Quality) Act a debt collection service provider must be entered in the register and meet requirements about professional competence, record keeping and the treatment of debtors. The Justice and Security Inspectorate supervises this. Insurers use that registration as a condition of entry. Administrative sanctions arising from that supervision are not insurable: a fine is not compensation for loss.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four subjects that determine the cover question in debt collection.
Mistaken identity and address checks
The classic error is a similarity of names or an address someone has moved from, so that a person who owes nothing receives letters, telephone calls and the threat of proceedings. The loss consists of costs, time and damage to reputation: financial loss. Record your verification steps for each file. That determines whether you are at fault.
Home visits and how people are treated
A visit to the door is the moment this work becomes physical. Instruct staff to keep their distance, not to enter the home without consent and to break off a conversation that gets out of hand. For injury to your own people the duty of care under Article 7:658 of the Dutch Civil Codeapplies, outside the office as well.
Client money and payments
Money you collect for clients is not property within the meaning of the AVB. If money disappears through internal fraud or a wrong transfer, the liability policy gives no cover. Keep sums collected strictly separate from your own funds, with four eyes on every payment out and a reconciled statement.
Debtor data and the duty to notify
You process debts, addresses and sometimes medical or relationship backgrounds. In the event of a leak, those concerned can rely on Article 82 of the GDPR. Investigation, notification and liability belong on cyber insurance. Report an incident to your liability insurer as well; Article 7:941 of the Dutch Civil Code requires this as soon as a claim is foreseeable.
What does your premium depend on?
- Annual turnover: the usual basis for service providers
- Payroll and number of employees: this determines the size of the employers' section
- Number of cases per year: more volume means a greater chance of mistaken identity
- Home visits and field work: this brings physical risk and the risk of aggression
- Handling client money: this calls for separate safeguards alongside the liability policy
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A member of staff damages a debtor's front door during a home visit | Yes | No |
| A visitor trips over a loose cable in your office | Yes | No |
| A debtor pushes your employee off the pavement and he breaks a wrist | Provided that | No |
| You write for months to a namesake of the debtor, who instructs a solicitor | No | Yes |
| A claim becomes time-barred because interruption was overlooked and your client loses his money | No | Yes |
| The Inspectorate imposes an administrative fine after complaints about your working methods | No | No |
In a collection file it is almost always about money and not about damage to property. That is where the difference between the two policies begins.
Frequently asked questions
This is what people ask us most.
We write to the wrong person. Does the AVB cover that loss?
No. The person concerned has not been injured and nothing has been damaged; he is claiming costs incurred and damage to his reputation. Such loss consists of money and therefore falls outside public and employers' liability insurance. For this type of error, the most common in debt collection, you need professional indemnity insurance.
A member of staff is threatened or assaulted during a home visit. What then?
Injury to your staff falls under the employers' liability section, provided it is included. The insurer assesses whether you complied with your duty of care under Article 7:658 of the Dutch Civil Code: instruction about how to treat people, arrangements for going out in pairs where risks are known and a procedure for reporting incidents. Record those measures before you need them.
Are collection costs we charged too high insured?
No. Repaying costs you should not have charged is performance of your own obligation, not a third party's loss. Such costs of putting matters right fall outside every liability insurance. Test your scale against Article 6:96(2) of the Dutch Civil Code and the associated decree, and check that the reminder met the statutory requirements.
We work with an external bailiff's office. Who is liable?
The bailiff has a statutory position of his own and his own professional liability for official acts. You remain liable for the file you supply: incorrect amounts, the wrong party or a claim that had already been settled. Record the handover and the checks on it in writing, so that it is clear afterwards who took which step.
Read more
Within Bedrijfsaansprakelijkheidsverzekering
- Bedrijfsaansprakelijkheidsverzekeringthe main page
- Bedrijfsaansprakelijkheidsverzekering incassobureau zzp
- Bedrijfsaansprakelijkheidsverzekering recherchebureau
- Bedrijfsaansprakelijkheidsverzekering fraude onderzoeksbureau
- Bedrijfsaansprakelijkheidsverzekering fraude onderzoeker zzp
- Bedrijfsaansprakelijkheidsverzekering privedetective zzp
- Bedrijfsaansprakelijkheidsverzekering beveiligingsbedrijf
Similar pages
- Liability insurance for a debt collection agency
- Liability insurance for a private investigation agency
- Liability insurance for a self-employed fraud investigator
- Liability insurance for a call centre
- Liability insurance for a market research agency
- Liability insurance for a fraud investigation agency
- Liability insurance for a security company
- Liability insurance for a private detective