Liability
- Cables and pipes
- Damage to buildings
- Injury to bystanders
A telehandler lifts loads and sometimes people to height, and it is that lifting which brings obligations reaching far beyond the machine's own-damage cover.
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In the Netherlands, JCB is known above all for the telehandler: a telescopic forklift that lifts pallets, bales, window frames and building materials to height on building sites and farmyards. As soon as a machine lifts loads, the focus of the policy shifts from own damage to liability. A load falling from four metres does more damage than the machine itself is worth, and in the worst case it hits someone.
If a work platform is used, you have entered a different regime. Lifting people with a machine not designed for it is permitted only under strict conditions and with an approved platform released for that machine. If something does go wrong, the employer's liability under Article 7:658 of the Dutch Civil Code is the framework, not the plant insurance.
Telehandlers also spend much of their time on farmyards and on building sites with changing operators. Record who is allowed to operate the machine and what instruction has been given. That is the first thing asked for after a claim.
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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 and theft of the machine, including inherent defect.
What comes into play with breakdown and transport.
What is covered
| Situation | Covered |
|---|---|
| Theft from the building site | Sometimes |
| Fire and storm damage | Yes |
| Inherent defect in the hydraulics | Sometimes |
| Damage to cables and pipes | Sometimes |
| Normal wear and tracks | No |
| Damage due to deferred maintenance | No |
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.
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Four points that make the difference between a policy that pays out and one that does not.
On a telehandler the permitted weight falls as the boom extends further. Work outside the chart and the machine tips or the equipment fails, and insurers class that as overloading: a stand-alone exclusion in virtually every policy. Make sure the chart is legible in the cab, that the load moment indicator works and that nobody overrides it. An overridden safety device turns a covered loss into an uninsured event.
Raising someone in a work platform is permitted only with a platform released for that machine and under the conditions that apply. If it goes wrong, the court assesses the case under Article 7:658 DCC: you must show that you have complied with your duty of care. The same applies to hired-in and agency workers. Injury to your own employees does not fall under third-party liability cover. That requires separate employers' liability cover.
Forks, jibs, buckets, bale clamps and work platforms each have their own approval and capacity. They are not automatically included in the cover and cannot simply be swapped between machines. If you use an attachment that has not been released for your telehandler, you lose both the approval and, in the event of a claim, the argument with the insurer. Declare each attachment with its type and value, and keep the certificates with the machine documents.
On a farmyard the telehandler works with bales and feed, often in and around sheds, and sometimes a family member helps out at the controls. On a building site it moves materials to scaffolding height, with traffic around it and several parties on the same site. Insurers assess those situations differently. Declare what you actually do: cover tailored to farmyard use sometimes excludes work for third parties on construction sites.
Parts are readily available through the Dutch dealer network.
Not every company applies the same policy for this make. With unusual versions, the question is not what it costs but who will accept it.
This is what people ask us most.
Only with a work platform released for that specific machine and under the conditions that apply to it. If you do otherwise, an accident is no longer a discussion about the plant insurance but about your duty of care as an employer, assessed under Article 7:658 of the Dutch Civil Code. Always declare the use of a work platform when you apply.
Damage to whatever is underneath is liability damage. Damage to the fallen load itself is more difficult: it was in your care at that moment, and goods in your care are often excluded or covered only up to a sub-limit. The insurer will also check whether the work stayed within the load chart; overloading is a stand-alone exclusion.
Not under third-party liability cover. Injury to your own staff, hired-in workers and agency workers requires separate employers' liability cover. The assessment runs through Article 7:658 of the Dutch Civil Code, under which you must show that you have arranged instruction, supervision and safe equipment. Keep proof of instruction and inspection reports with the machine documents.
Only if it has been released for your telehandler and the capacity is right. Every attachment has its own approval and affects the load chart. If you use an attachment that has not been released, the approval lapses and a claim is likely to be refused. Declare every attachment separately as well; otherwise it is not an insured item in the event of theft or damage.
Every situation is different. For these situations we have a separate page.
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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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