WEGAM
- Also in a single-vehicle accident
- Also where the employee was driving
- Fills the exclusion in the AVB
- Own damage to the vehicle falls outside it
Employer's liability insurance (WEGAS/WEGAM)
An employer is not only liable for unsafe work, but must also arrange proper insurance for staff who take part in traffic for work. That is exactly where the AVB stops.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
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In brief
An employer's liability runs along two tracks. The first is the the duty of care under Article 7:658 of the Dutch Civil Code: you must arrange the workplace, the machinery and the instructions so that an employee suffers no harm. If something goes wrong, it is for you to show that you have met that duty of care. That liability is normally covered on the public and employers' liability insurance (AVB).
The second track is Article 7:611 of the Dutch Civil Code, good employment practice. From it the Supreme Court has derived that an employer must arrange adequate insurance for employees who take part in traffic in the course of their work: as a driver, but also as a cyclist or pedestrian. If you do not, you are yourself liable for the loss the employee is not compensated for as a result. That applies particularly in a single-vehicle accident, where there is no other party to recover from.
That claim rarely falls under the AVB, because virtually every AVB excludes damage caused with or by a motor vehicle. For that there are WEGAM (aimed at motor vehicles) and the broader WEGAS, which also includes taking part in traffic without a motor vehicle and work-related accidents. See also WEGAS/WEGAM.
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What do WEGAS and WEGAM insurance cover?
The cover begins where the AVB and the motor insurance do not meet.
WEGAS
Taking part in traffic in a broader sense and other work-related accidents.
- Employees on bicycles and on foot
- Business trips and client visits
- Sometimes commuting as well
- Often an accident section
Legal expenses and defence
The costs of assessing and contesting a claim of liability.
- Investigation into the circumstances
- Defence against an unfounded claim
- Discussions with the labour inspectorate
- Fines remain at your own expense
What is covered
| Situation | AVB | WEGAS |
|---|---|---|
| Injury caused by an unsafe machine in the workshop | Yes | No |
| A single-vehicle accident with the van during working hours | No | Yes |
| An employee is knocked down as a cyclist on the way to a client | No | Yes |
| Damage to the van itself | No | No |
| An accident while commuting | No | Provided that |
| A traffic fine incurred by the employee | No | No |
Products differ widely: one insurer covers only motor vehicles, another also covers cyclists, pedestrians and commuting. The policy schedule is decisive.
What does your premium depend on?
- Number of employees: and how many of them are on the road
- Payroll: a common basis for calculation
- Sector and activities: construction and transport weigh more heavily
- Fleet: the number and type of vehicles
- Type of cover. WEGAM only or broader WEGAS
- Claims history: earlier accidents and claims
Insurers weigh these details differently. That is where your saving is.
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.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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9.8Claims handling
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.
Where things go wrong in practice
Four points that determine whether an employee's claim is covered.
The AVB excludes motor vehicles
Virtually every AVB has an exclusion for damage caused with or by a motor vehicle. If an employee drives the company van into a tree, there is no other party and the WAM insurance on your own van pays only third parties' losses, not the driver's. The employee then turns to you as the employer under Article 7:611 of the Dutch Civil Code. Without WEGAM or WEGAS that loss falls entirely on the business.
The duty of care is interpreted strictly
In an accident at work, a reversed burden of proof applies under Article 7:658 of the Dutch Civil Code: you must show that you took all reasonably required measures. Only intent or wilful recklessness on the employee's part relieves you; carelessness and routine do not. A demonstrable risk inventory, work instructions, supervision and records of the protective equipment issued are therefore not paperwork but the file with which a claim is fended off.
What is not included
The following, among others, are outside the cover: own-damage to the vehicle itself, fines and administrative sanctions such as a fine from the labour inspectorate, losses suffered by self-employed professionals and hired-in workers who are not named as insured persons on the policy, and intent or wilful recklessness of the employee. occupational diseases with a long latency period, such as past exposure to asbestos or solvents, are also often excluded or only covered with prior-acts cover. Intent on the part of the insured falls under Article 7:952 of the Dutch Civil Code.
Think about hired-in staff, run-off and reporting
Under Article 7:658(4) of the Dutch Civil Code the duty of care also applies to people who are not employed by you but do work for you: agency workers, seconded staff and usually self-employed professionals too. Include that group explicitly as insured persons. Also pay attention to the run-off cover after termination, because injury claims can come in years later. Report an accident as soon as reasonably possible (Article 7:941 of the Dutch Civil Code), and keep the information about your workforce and activities accurate. That falls under Article 7:928 of the Dutch Civil Code, with a reduction or refusal under Article 7:930 of the Dutch Civil Code.
Nederlandse Arbeidsinspectie (the Dutch labour inspectorate)
Frequently asked questions
This is what people ask us most.
Why is my AVB not enough?
The AVB covers liability for injury to employees on the basis of the duty of care, but excludes damage caused with or by a motor vehicle. Traffic accidents during working hours therefore fall outside the cover, while the employer is required under Article 7:611 of the Dutch Civil Code to arrange proper insurance for them. WEGAM or WEGAS fills that gap.
What is the difference between WEGAM and WEGAS?
WEGAM is aimed at accidents involving motor vehicles during work. WEGAS is broader and also covers employees who take part in traffic as cyclists or pedestrians, and often other work-related accidents. Which variant you need depends on how your staff travel: only in company cars, or also by bicycle and on foot.
Does the cover also apply to commuting?
Not as standard. Commuting is in principle regarded as private and therefore falls outside employer's liability, unless the travel is in fact part of the work, for instance with organised transport or driving colleagues to a project. Some policies offer an extension for this; check that explicitly on the policy schedule.
Are self-employed professionals and agency workers covered?
Only where they are included as insured persons. The duty of care under Article 7:658(4) of the Dutch Civil Code does extend to people who are not employed but do carry out work for you. So liability can arise without cover if you forget that group. Always report hired-in staff and subcontracting with your application.
What if a former employee reports an occupational disease years later?
The question is then which policy covers it. Usually the claims-made principle applies: the date of reporting determines which insurance the claim falls under. Without prior-acts cover, a past exposure is not covered, and without run-off cover, a report after the contract has ended is not covered either. Have both points expressly arranged when you switch.
Every situation is different. For these situations we have a separate page.
- Compare public and employers' liability insurance (AVB)The main page
- Professional indemnity insurance (BAV) and public and employers' liability insurance (AVB) for your businessAVB, BAV, employers' liability
- Public and employers' liability for work on railways and tracksRail infrastructure, cables and pipes, Article 6:162 of the Dutch Civil Code
- Public and employers' liability insurance (AVB) through a.s.r.Staff, hired-in workers, occupational illness
- Liability insurance for a courier companyDelivery riders in traffic, the depot, subcontracting
- WEGAS and WEGAM insuranceThe traffic gap, Article 7:611 of the Dutch Civil Code, proper insurance
Read more
Within Bedrijfsaansprakelijkheidsverzekering
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Want the gap in your cover assessed?
Request a quote without obligation. We set the AVB, WAM and WEGAS side by side and point out the open areas.
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 compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.