Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Inspection error · customer vehicles · approval
An MOT tester does not sell a repair but a judgement, and that judgement is only assessed at the moment something goes wrong with a vehicle you passed.
Deze pagina in het Nederlands: Garageverzekering voor APK-keurstations.
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The distinctive risk of an MOT testing station lies not in the workshop but in the certificate. You record a pass in the RDW (the Dutch vehicle authority) system; the owner, the buyer, the insurer and every other road user rely on it. If a vehicle is involved in an accident after passing, caused by a defect that should have been visible at the inspection, your test report becomes the heart of the file.
That liability has two faces. If someone is injured, this is an ordinary tort under Article 6:162 of the Dutch Civil Code and it falls under the liability section of the motor trade policy (garageverzekering). If the loss remains purely financial — for example because a buyer takes on a car on the strength of your pass and later faces repair costs — there is no physical damage and so it is pure financial loss. That falls outside the liability section and calls for a professional indemnity element.
On top of that, the disciplinary route hits you hardest and is precisely what cannot be insured. If a spot check goes badly, the RDW can take measures against your approval or your testing authorisation. Fines, the cost of withdrawal of your approval and the turnover you lose during a suspension are not covered.
The structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | 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.
Four points that make the difference between a policy that pays out and one that does not.
A test report that lists only the failure points proves nothing about what you did check. Record for each inspection which components were assessed, with the readings from the rolling road and the brake tester, and photograph borderline cases such as corrosion at a mounting point. When a claim arrives months later, that file is the difference between a defence and an assumption you cannot rebut.
Insurers tie cover to a valid approval and to inspections carried out by an authorised tester . If, when things are busy, you let someone without valid authorisation take a look and sign off, you are acting outside the declared business activities and the insurer can rely on Article 7:928 of the Dutch Civil Code and Article 7:930 of the Dutch Civil Code. Keep the expiry dates of authorisation cards in a diary, not in someone's head.
A car that slips off the arm of the lift or hits the wall during the brake test is damage to property you had in your care. The liability section excludes this; that is what the care, custody and control cover within the motor trade policy is for. Bear in mind the drive to the rolling road as well: damage to the customer's vehicle during that journey falls under a different section from damage you cause to a third party with that vehicle.
If your inspection turns out to be wrong, then re-testing, recovering the vehicle and putting right what you missed are not covered: that is redoing your own work. A goodwill arrangement you reach with the customer without consulting the insurer does not automatically count either. Report a claim first, within the period set by Article 7:941 of the Dutch Civil Code, and do not admit liability before the insurer has looked at it.
Insurers weigh these details differently. That is why comparing pays off.
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.
The questions we are asked most often about this.
That depends on whether the defect was reasonably visible at the inspection and whether you worked through the prescribed checkpoints. If you did, there is no fault. If you could have seen it and your report says nothing about it, there is a wrongful act within the meaning of Article 6:162 of the Dutch Civil Code. In practice your records determine the outcome.
Not automatically. Where there is only financial loss and no physical damage or injury, this is pure financial loss. That falls outside the liability section of motor trade insurance and calls for separate professional indemnity cover. Ask about it explicitly if you also carry out inspections for pre-purchase purposes or for traders.
No. Administrative fines, a suspension and withdrawal of your approval are sanctions, not third-party losses, and are not insurable. The loss of turnover during such a suspension also falls outside the cover. What you can arrange is legal expenses cover for the objection and appeal proceedings; that is a separate module, not part of the liability cover.
Yes, but the risk class and the care, custody and control limit differ considerably. A tractor unit with a trailer represents many times the value of a car, and the consequences of a missed defect are correspondingly greater. State in your application what proportion of your inspections involves heavy vehicles; see also motor trade insurance for truck servicing.
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 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.
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