Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
In a warehouse, equipment moves between employees and between stock that usually does not belong to you.
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Warehouse equipment stands out to insurers for a reason that has nothing to do with the machines: the goods. Anyone who stores, distributes or repacks for third parties constantly has customers' property in their care. If a pallet truck or order picker damages a pallet of someone else's merchandise, that is not own damage but the classic care, custody and control exclusion. Without a separate extension your most expensive risk is therefore uninsured.
The second point is the declaration itself. Hand pallet trucks, electric pallet trucks, pedestrian stackers and order pickers are rarely seen as plant and machinery because they are small and stay indoors. As a result they are not on the policy. If damage is caused by a machine that has not been declared anywhere, it falls outside the cover. So include your entire internal transport fleet, not just the trucks with a registration number or a type plate.
Third, there is the racking. A collision with an upright looks like a dent, but a damaged racking structure can collapse later, taking all the stock in that aisle with it. That makes a duty to report every collision and periodic racking inspection relevant to your plant and machinery insurance and to the fire policy for the building.
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.
Everything you move, stack or store for someone else is in your care, and that is excluded as standard. A pallet that is hit, a stack that topples or packaging that is punctured is then not paid for. Storage and distribution businesses therefore need a care, custody and control extension or goods cover that matches the actual value in the building, not the value of your machines.
An electric pallet truck, pedestrian stacker or order picker is plant and machinery with its own liability and own-damage risk, even without a registration number. Because they are small and never leave the building, they are forgotten in the declaration. Declare all mobile equipment with its type and value, including the machines you hire in occasionally during peak periods. What has not been declared does not count in a claim.
An upright that has been struck loses load-bearing capacity and can still collapse weeks later, taking the stock of a whole aisle with it. So make it a rule that every collision is reported immediately and have racking inspected periodically. Without that regime the consequential loss of a collapse is hard to recover and the fire and stock insurer will also ask to see your maintenance records.
During loading and unloading, a lorry pulling away, an unsecured tail lift and a difference in level all come together. A pallet truck tipping off the dock or an employee being crushed produces injury to which the duty of care in Article 7:658 of the Dutch Civil Code applies. That liability is separate from this policy and belongs on employer's liability cover that dovetails with it.
This is what people ask us most.
Not under own-damage cover. Property you store or move for someone else is in your care and therefore falls under the care, custody and control exclusion. Only with a care, custody and control extension or separate goods cover does that loss qualify. Set the limit to match the value that is in the building on an average day, because that figure is often higher than the value of your own equipment.
Yes. Even without a registration number it is plant and machinery that can cause damage to people, to the building and to stock. Because these machines are small and stay indoors, they are consistently forgotten at the application stage. If damage is caused by a machine that has not been declared, it falls outside the cover. Go through your fleet each year and report additions and hired-in items.
Report it anyway. An upright that has been struck can lose load-bearing capacity without that being visible, and collapse at a later moment under a full load. If that happens, the stock of a whole aisle goes with it and both your insurer and the insurer of the building will ask whether the collision was reported and whether the racking was released after inspection.
If it concerns your own employee, no. That claim runs through the duty of care in Article 7:658 of the Dutch Civil Code and belongs on employer's liability cover. If a haulier's driver is injured, that is a third party and the liability section comes into play. Make sure both covers dovetail, because at a dock both groups work side by side.
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.
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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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