Legal expenses insurance (rechtsbijstandverzekering) for a garage business
A garage business rarely falls out over a large contract. It is almost always about one car: what was agreed, what was repaired and who pays the bill.
- Several insurers compared objectively
- 9.5 customer rating for a new policy
- AFM licence 12016589
- Personal 072 - 509 24 56, weekdays 9–17
This page in another language: Nederlands
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.
- Independent advice
- Several insurers
- Switching arranged
- Help with claims
In brief
A garage business's files fall into two streams. The first is the consumer: someone who bought a used car that breaks down soon afterwards, or who thinks a repair has not worked. In a consumer sale the car has to conform to the contract (Article 7:17 of the Dutch Civil Code), and Article 7:18(2) of the Dutch Civil Code provides that a defect coming to light within a year of delivery is presumed to have been present on delivery. That reversal of the burden of proof makes the difference in almost every used-car case. Set against it is the duty to complain in Article 7:23 of the Dutch Civil Code: the buyer has to complain within a reasonable time.
The second stream is business: the importer or the brand changing a dealer contract, a supplier delivering parts late, a leasing company terminating a service contract, or a customer leaving the bill unpaid. With an unpaid repair the right of retention of Article 3:290 of the Dutch Civil Code is an obvious step, but it is a fine line: if you hold on to the car without justification, you are liable for the loss yourself and a discussion about storage charges follows on behind. A disputed claim is also not a collection case but a contract dispute, with a different module.
A third line is often forgotten: the approvals the turnover depends on. An RDW (the Dutch vehicle authority) approval for MOT-style testing, registration or dismantling can be suspended or withdrawn on a spot check, and the local authority or environmental agency can enforce the rules on storing waste oil, tyres or batteries. Those are decisions and therefore administrative law, a module that is not included as standard. Damage to a customer's car does not belong here: that is liability and runs through the garage insurance or through liability cover for a motor business.
This page deals with one situation. The full overview is on Compare personal legal expenses insurance (rechtsbijstandverzekering).
Independent, personal, sorted quickly
We compare your legal expenses 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.
Legal expenses insurance
Compare
Get coveredWhy 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.
What to look out for
Four situations in a garage business that decide whether you can run a case.
The used car you sold that breaks down
What you may expect from a used car depends on age, mileage and price, but your evidential position depends on your file. Record the condition at the time of sale, note the mileage reading, write down which defects were pointed out and have the buyer sign. Without that, the presumption in Article 7:18(2) of the Dutch Civil Code shifts against the seller and almost every lawyer advises settling.
Holding on to a car until you are paid
The right of retention only works if the claim is due and connected with the item you have in your possession. If the customer disputes the bill on its merits, the risk is high. Ask the lawyer for an opinion before you keep the keys. Bear in mind that a disputed claim does not fall under the debt collection module, but under contracts.
Approvals, testing and supervision
A suspended testing approval hits your turnover immediately. An objection to it falls under the cover only if administrative law is covered as well, and the the suspension itself and the fine imposed are never reimbursed. The same applies to an order subject to a penalty from the environmental agency about storing hazardous substances in the workshop.
Staff in the workshop
Mechanics, apprentices on a work-based learning route and agency staff produce employment law files: sickness reporting and reintegration, a training costs clause for a manufacturer course, or dismissal after theft of parts. Injury to a mechanic is liability under Article 7:658 of the Dutch Civil Code and does not run through this policy. The employment law aftermath does.
What does your premium depend on?
- Annual turnover: and the balance between sales, workshop and body repair
- Trade in used cars: used-car sales produce the most consumer files
- Number of employees: this determines the weight of the employment law module
- Franchised or independent: a dealer contract brings its own kind of dispute
- Modules chosen: contracts, employment, debt collection, administrative law, traffic
- Trade plates and company vehicles: for the traffic law cover
Insurers weigh these details differently. That is where your saving is.
What the lawyer handles
| Situation | Basic | Extended |
|---|---|---|
| A parts supplier refuses to take back a batch delivered in error | Yes | Yes |
| The insurer of a body repair customer pays only part of your estimate | Provided that | Yes |
| A customer posts an inaccurate review accusing you of sharp practice | No | No |
| Your landlord raises the rent on the workshop sharply on renewal | No | Provided that |
| The Belastingdienst (the Dutch tax authority) corrects the vehicle tax return on a car you imported | No | Provided that |
| Your recovery truck is damaged on a call-out and the person responsible does not pay | No | Yes |
When comparing, ask for each row which module handles it and what minimum interest applies.
Frequently asked questions
This is what people ask us most.
After eight months a customer demands his money back for a used car. Is my position strong?
That depends on what was agreed and recorded. Within a year of delivery, in a consumer sale the presumption in Article 7:18(2) of the Dutch Civil Code applies that the defect was already present, unless that is incompatible with the nature of the item or the defect. With an older car with high mileage that defence is realistic, but you have to support it with the sales documentation and, if necessary, with a technical opinion.
Does damage my mechanic causes to a customer's car fall under this policy?
No. That is liability and belongs on the motor trade policy, which is made specifically for third-party vehicles in your possession. On an ordinary public and employers' liability insurance (AVB) the care, custody and control exclusion would keep that claim outside the cover. A legal expenses policy does not pay for the loss. It runs the dispute you want to bring against someone else.
My importer is ending the dealer contract. Can I challenge that?
That is a contract dispute and falls under the contracts module. Allow for two limitations: a minimum interest below which a case is not handled, and a maximum for the costs of an external lawyer when you exercise free choice of lawyer in proceedings. In cases with a large financial interest that maximum is the decisive factor in practice.
I have been fined after an environmental inspection in the workshop. What now?
The fine itself is not insurable. That applies on every legal expenses policy. The lawyer can, however, object to the underlying decision if administrative law is included, for instance to an order subject to a penalty or the withdrawal of a permit. Report the decision immediately, because administrative law deadlines are short and keep running while you are still discussing it internally.
Every situation is different. For these situations we have a separate page.
- Compare personal legal expenses insurance (rechtsbijstandverzekering)The main page
- Legal expenses insurance (rechtsbijstandverzekering) for a haulage companyCMR, limitation, enforcement
- Legal expenses insurance (rechtsbijstandverzekering) for an installation firmCompletion, extra work, guarantees
- Legal expenses insurance (rechtsbijstandverzekering) for a construction companyArbitration, Wkb, the chain
- Legal expenses insurance (rechtsbijstandverzekering) for an IT companyAcceptance, intellectual property, secondment
- Legal expenses insurance (rechtsbijstandverzekering) for an agricultural businessTenancy, neighbour law, enforcement
- Legal expenses cover for self-employed professionals (zzp'ers)Client, unpaid invoice, employment relationship