Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Liability in rail works
In rail work the loss is rarely in what you break, but in the trains that cannot run as a result.
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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
Work on the railway takes place in a time window fixed months in advance. Within that possession the traffic stands still, and outside it trains run again, whether you have finished or not. If the work overruns or a fault arises, the result is a chain of delays whose costs are passed on by carriers and the infrastructure manager.
Those costs are legally awkward, because often nothing has been damaged. Delay is pure financial loss and that is where public and employers' liability insurance stops: it covers property damage and injury. Contractual penalties for overrunning the window are also uninsurable, whichever policy you take out. What is covered is the physical damage: overhead lines, points, signalling equipment, rolling stock.
This is also an environment where almost every operation hangs on a safety role. Working without valid certification or outside the safety procedures brings Article 7:952 of the Dutch Civil Codeinto play. So we first establish which safety roles you perform, because that is what insurers underwrite on.
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What does liability cover include in rail work?
The structure of the cover in three parts, with an overview per situation below.
Assets and continuity
Business contents, goods and lost turnover during downtime.
- Business contents at replacement value as new
- Goods at cost price
- Business interruption or additional costs
Staff
Sickness absence, accidents and the traffic risk.
- Continued pay for 104 weeks
- Group personal accident
- WEGAS for traffic risks
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.
What does your premium depend on?
- Type of rail work. Track work, overhead lines, signalling and rail machining each carry a different potential for loss.
- Working alongside train traffic. Work next to a line in service weighs more heavily than work within a full possession.
- Safety roles. Which certified roles you perform yourself determines how insurers assess and accept the risk.
- Use of rail and road vehicles. If you work with a road-rail vehicle or trailed equipment, the motor vehicle exclusion comes into play and a separate policy is needed.
- Requested sum insured. The infrastructure manager and main contractors set requirements for the sum per claim. That requirement drives the premium.
- Turnover, hired-in labour and claims history. Annual turnover is the basis; working staff and earlier incidents within the window count as well.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and 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.
Why 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.
9.5New policy
9.8Claims handling
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.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Delay is loss without damage
If no train runs for half a day because of a mistake by you, carriers and passengers suffer a loss while nothing is broken. That item is pure financial loss and it falls outside the ordinary liability cover. Only where the delay arises from physical damage, for instance a damaged set of points, is it included as consequential loss. So ask expressly which of the two your client expects you to insure.
You bear penalties for overrunning yourself
Overrunning the possession is almost always covered by a penalty clause. Such clauses are not insurable; they are not compensation but a contractual sanction. Plan with a margin, record what caused an overrun and report departures during the night itself. Anyone who has to reconstruct afterwards why the window was missed is in a weak position in the discussion with the infrastructure manager.
What you leave behind on the track
A forgotten wheelbarrow, a short-circuiting bar that has not been removed or a component that has come loose does produce classic property damage, and immediately of the most serious kind: a collision, a derailed axle, overhead lines pulled from the mast. This is precisely the risk the cover is intended for. So a disciplined count of equipment when leaving the track is not a formality but risk management.
Certification is a condition of acceptance
Safety roles on the railway require valid personal certificates and medical fitness. Insurers take that regime as their starting point. If you work with an expired certificate, or outside the safety procedures, Article 7:952 of the Dutch Civil Code comes into play and the insurer can refuse cover. Also report changes in your qualifications. An incorrect statement affects Article 7:928 of the Dutch Civil Code.
Frequently asked questions
This is what people ask us most.
Are delay claims from carriers covered?
Only where they arise from damage to property. If nothing is damaged and the traffic is at a standstill because of, for instance, a mistake in the planning or the release, it is pure financial loss and falls outside public and employers' liability cover. A professional indemnity section is needed for that part. So have it checked in advance which of the two your client requires.
Is a penalty for overrunning the possession paid?
No. Penalty clauses and reductions on your instalment are not compensation to an injured party and are therefore not insurable. That is so even if the contract calls them compensation. What you can do is negotiate a cap when you take on the work, and make sure the cause of an overrun is recorded during the night.
Does my policy cover damage to the overhead lines?
Yes, that is property damage to someone else's property and it falls under the main cover. Do watch the care, custody and control provision: the section of track you are working on at the time can count as property in your care, and then an extension is needed. So the difference between the part you were working on and the rest of the installation is decisive.
Who is liable if a subcontractor makes the mistake?
The client can hold the main contractor liable under Article 6:171 of the Dutch Civil Code for the mistakes of non-subordinates. That contractor then recovers from the party that did it. If you work with hired-in staff yourself, you are the main contractor in that chain. So always state hired-in workers on your application, even where it is occasional.
Every situation is different. For these situations we have a separate page.
- Compare personal liability insurance (AVP)The main page
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- Liability insurance for the rail sectorSafety certification, possession of the track, high consequential loss
- Liability insurance for a railway safety officerSafety alongside the track, loss through delay, possessions
Ready to compare?
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.
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.