Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
Thrown debris · third parties · terrain
A mower on the plant and machinery insurance
With mowing, the damage rarely comes from the machine itself but from what flies out from under the blades onto the road.
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Deze pagina in het Nederlands: Maaimachine op de werkmaterieelverzekering.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
A cutter bar, flail mower or rotary mower turns at a speed that turns a stone, a piece of fencing or a broken post into a projectile. It can hit the windscreen of a passing car or strike a pedestrian. That is damage and injury to a third party and therefore liability under Article 6:162 of the Dutch Civil Code; it has nothing to do with your own-damage cover.
The assessment of such a claim turns on two things: were the guards and rubber flaps complete and in place, and did you cordon off the surrounding area. Missing or removed guards are the most common argument for treating a loss as culpable. Check them before every job and photograph the cordon; it takes a minute and is decisive where there is windscreen damage or injury.
The second feature is that the grass you are mowing is the object you are working on. Damage to the thing you are working on falls under the working-on exclusion: a damaged lawn, a torn turf or planting driven over is therefore not simply covered. We go through that section when applying for your plant and machinery insurance for grounds maintenance.
Mower: what is covered?
The structure of the cover in three parts, with an overview per situation below.
Own-damage cover
Damage to the machine, the body and the attachments.
- Fire and storm
- Theft from the site
- Overturning and collision
Extensions
What you add separately.
- Inherent defect and machinery breakdown
- Transport to the site
- Hired plant
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Thrown debris is the most expensive claim in this segment
Stones, scrap metal, glass and broken posts are hurled out with force by a rotating rotor. A windscreen that is hit is manageable; injury to a cyclist or pedestrian is not. Insurers look solely at whether the guards and flaps were complete and whether you had cordoned off the area. A guard removed for convenience turns an accident into a reproach and puts the cover under pressure.
What lies in the verge only becomes visible afterwards
Manhole rims, cable markers, drainage outlets, concrete rubble and remnants of fencing lie invisible in long grass. If you hit them, there is damage twice over: to your blades or rotor and to a highway authority installation. Blades, flails and cutting edges are wear parts that are covered nowhere; only sudden damage from an external cause qualifies. Walk an unfamiliar plot on foot beforehand.
Working alongside a carriageway calls for traffic measures
Verge maintenance takes place amid moving traffic. Without the prescribed signage, crash cushion or escort, a collision with your machine or mowing arm is not only dangerous but also a liability problem. If the mowing machine itself uses the public road, the compulsory cover under Article 2 of the Dutch Motor Insurance Liability Act (WAM)also applies. Record which measures were taken and who was responsible for them under the contract specification.
Damage to the greenery you are working on
A torn-out turf, perennials driven over or a tree trunk that has been struck is damage to the object of your assignment. Many policies exclude damage to the thing you are working on, and with grounds maintenance that is precisely the core of the work. A sprinkler head or garden lighting in a lawn that is hit often falls into that same category. Discuss this section explicitly if you carry out maintenance contracts.
What does your premium depend on?
- Type of cutting system — A high-speed flail mower throws debris differently from a cylinder mower or a rotary mower on a lawn.
- Share of work alongside public roads — Verge maintenance amid moving traffic weighs more heavily than mowing on a closed sports ground.
- Mowing arm or front attachment — An arm swinging out along a ditch or embankment brings its own risk of tipping and collision.
- Replacement value of machine and attachment — The carrier and the mowing unit are valued separately and both belong on the policy.
- Maintenance contracts for third parties — Contract work brings damage to the greenery being maintained and to garden installations into play.
- Claims history involving thrown debris — Earlier windscreen or injury claims weigh heavily in the premium, the excess and acceptance.
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your situation, your risk and your 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.
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Frequently asked questions
The questions we are asked most often about this.
Who pays for a windscreen broken by a hurled stone?
That falls under your liability cover, not under own-damage cover. The insurer assesses whether you worked carefully: were the guards and flaps complete, did you cordon off the area and did you keep your distance from the carriageway. If a guard was missing or had been removed, the loss is treated as culpable and the cover itself comes into question.
Is damage to my blades from a hidden manhole rim covered?
Usually not. Blades, flails and cutting edges count as wear parts and fall outside all cover. If the impact also damages the rotor shaft or the drive, that may qualify as sudden damage from an external cause, provided you have that cover. The damaged manhole rim itself is a matter for the highway authority and falls under liability.
Is damage to my client's lawn insured?
Often not as a matter of course. The grass is the thing you are working on and many policies exclude damage to the object being worked on. If you also destroy garden lighting or a sprinkler head, cover depends on how the care, custody and control section and the working-on section are arranged. Have that section checked before you sign maintenance contracts with liability clauses.
Do I have to insure if I only mow on my own land?
The insurance obligation under WAM article 2 does not then apply, but your liability remains in full. Even on your own sports ground or business premises a hurled object can strike someone. As soon as the machine uses a public road to get from one plot to another, the statutory obligation does apply and that has to be stated on the policy.
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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.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.