Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
With an excavator the real risk lies not in the machine but in what you cannot see: cables, pipes and the consequential loss that follows.
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An excavator moves through ground whose contents you cannot see. If the bucket strikes a medium-voltage cable, a gas main or a fibre-optic route, repairing that one piece of cable is the smallest part of the bill. The network operator recovers the hours of outage, the emergency crew and the diversion, and connected businesses claim their downtime. That consequential loss makes cable damage the most expensive claim in this class of machine.
That is why everything turns on the excavation notification and the standards of care that go with it. A timely notification, located drawings on the machine and trial trenches when approaching a route together form your defence. If those are missing, liability under Article 6:162 of the Dutch Civil Code is virtually a given and, where the failure is repeated, the insurer will ask whether this can still be called an accident.
The second point is the machine itself. Tracks, teeth, cutting edges and blades are wearing parts and fall outside every cover. Only sudden damage is insured. If the machine overturns in a trench or on an embankment, the question is whether that was an accident or the predictable consequence of working on an unstable edge. We go through those points before we apply for your plant and machinery insurance.
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.
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Four points that make the difference between a policy that pays out and one that does not.
A cable that is struck costs more in consequences than in repairs. The network operator charges for the emergency service, the repair and the diversion; affected businesses claim lost turnover from the interruption. So check that your liability limit is set for work in urban areas and not for a meadow. Note any sub-limit for cables and pipesas well, because that can be lower than your general sum insured.
The notification in itself is not enough. You have to have the information received on the machine, locate the position and, when approaching a route, by hand or with trial trenches. Keep the confirmation, the drawings and photographs of the trial trench for each project. A claim where that file is missing is assessed as careless digging and that changes the discussion with the insurer entirely.
Tracks, track pads, teeth, cutting edges and hoses wear through normal use and are covered nowhere; only sudden, externally caused damage is insured. deferred maintenance to hydraulics, slew ring or engine is an independent ground for exclusion as well. Keep a maintenance logbook with running hours for each machine. That is not only good management but determines your position as soon as an insurer asks about the cause.
Buckets, breakers, sorting grabs and quick couplers are separate items. If they do not appear on the policy with their value, they are not paid for after a theft or total loss. And if you hit an underground tank or asbestos-containing material, soil contamination is a separate risk that is restricted or excluded on many liability covers. Ask about that expressly for remediation work.
This is what people ask us most.
Yes, cable and pipe damage falls under the liability cover, provided you have met the standards of care. That means a timely excavation notification, the drawings with the machine and trial trenches when approaching a route. If those are missing, you remain liable but the cover is disputed. Note as well any separate limit for cables and pipes in your policy.
That is consequential loss from a pipe or cable that has been struck and falls in principle under the liability cover, within the insured limit. It is precisely that item that mounts up in built-up areas, because alongside the network operator, connected businesses claim their interruption as well. So set your sum insured to match the surroundings in which you work and not the value of your machine.
Not automatically. Attachments are separate items that you have to declare with their value. What is not on the policy is not paid for after a theft, fire or total loss. If you change tools regularly or hire one in, report that in advance. Cutting edges and teeth remain wearing parts in any event and never qualify for settlement.
Usually not without a separate arrangement. If you hit an underground tank or spread contaminated soil over a clean plot, this is environmental damage, which is restricted or excluded on many liability covers. If you work at locations where remediation or former industrial activity is involved, report that on the application so that this section is assessed expressly.
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.
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This page was compiled by Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.
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