SVI · road traffic risk · alongside the AVB
Employees' accident and damage insurance
Your public and employers' liability insurance (AVB) excludes motor vehicles. That is precisely where a liability lies that the Supreme Court has firmly established.
Deze pagina in het Nederlands: Schadeverzekering voor werknemers.
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The gap you do not see
A AVB covers employer's liability for workplace accidents under Article 7:658 of the Dutch Civil Code, but excludes damage caused with or by motor vehicles.
Employees who drive for work — from job to job, from client to client, with a van and trailer — therefore fall outside that cover for their own injuries.
What the Supreme Court decided
On 1 February 2008 the Supreme Court held that an employer must, under Article 7:611 DCC, good employership, provide proper insurance for employees who take part in traffic as drivers.
That liability rests not on fault but on whether you had arranged that insurance. If it is missing, you bear the loss yourself.
What is not sufficient
A collective personal accident insurance with a fixed sum. In a case concerning a taxi driver, the court of appeal held that two such policies were too limited: there should have been insurance covering the loss actually suffered.
A fixed-sum insurance is therefore not proper insurance within the meaning of this case law.
The limits
On 11 November 2011 the Supreme Court limited the obligation to accidents in which the particular risks of taking part in traffic are at issue; tripping on the way falls outside it.
In September 2021 the Court rejected a self-employed professional's reliance on the same obligation.
Read more
Similar pages
Frequently asked questions
The questions we are asked most often about this.
Why does my AVB not cover this?
Because it excludes damage caused with or by motor vehicles; the gap is filled by an SVI (occupants' indemnity insurance) or WEGAS policy.
On what does that liability rest?
On good employership under Article 7:611 of the Dutch Civil Code, not on fault.
Is personal accident insurance enough?
Generally not; that pays a fixed sum and does not cover the loss actually suffered.
Does it also apply outside road traffic?
No; the Supreme Court limited the obligation to particular traffic risks.
Does it apply to self-employed professionals who work for me?
No; the Supreme Court rejected that argument in September 2021.
For which businesses is this urgent?
For every business where people drive daily: construction, installation, care and transport.
What is covered and what is not
Where the AVB stops and the SVI begins
| Situation | AVB | SVI |
|---|---|---|
| A fitter drives the company van into a tree and is left with permanent injuries | No | Yes |
| An employee falls from scaffolding on the building site and breaks a hip | Yes | No |
| An employee cycles to a client and is hit by a vehicle on the way | No | Yes |
| A home care worker trips on the pavement outside a client's door | No | Provided that |
| A self-employed contractor you have engaged is injured in a collision during your job | No | Provided that |
| An employee causes injury to another road user with the company car | No | No |
Damage an employee causes to third parties with a motor vehicle belongs on the motor insurance policy.