Reporting a business claim
With a business claim it is not only the policy that decides, but also what you report and how quickly. This page sets out what is expected of you.
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In brief
The duty to notify is set out in Article 7:941 of the Dutch Civil Code: you report the loss as soon as you can reasonably be aware of it, and you provide all the information relevant to the assessment. If you report late and the insurer's reasonable interests are harmedas a result, for instance because the loss can no longer be established, it may reduce the payment. If you deliberately provide incorrect information, the right to payment is lost entirely. For liability insurance what often counts is not the moment of the mistake but the moment of the claim: so also report a letter from a solicitor that does not yet mention an amount.
After a collision the European Accident Statement is the most important document, and you complete it at the scene. Both parties sign the same front page. On the back each writes their own account. Complete the sketch of the situation, note registration numbers and the names of witnesses, and photograph the position of the vehicles before anything is moved. For theft, burglary or vandalism, a report to the police is a condition of cover, not a formality afterwards.
Do not admit liability and do not make promises about payment. Virtually every business policy provides that the insurer handles the claim. An admission on your part is not binding on the insurer, but it does make the defence harder. What you must do is limit the loss: Article 7:957 of the Dutch Civil Code requires you to take reasonable measures and the cost of those is for the insurer's account. For the general route after a loss, including private claims, see report a claim.
This page deals with one situation. The full overview is on Compare car insurance.
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Finass Verzekert is a licensed, independent firm. You get one advisor who knows your situation — including the moment a claim actually happens and it matters most.
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Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points that, with a business claim, make the difference between smooth handling and an argument.
Report what is not yet a claim
A complaint, a notice of default or an announcement that someone intends to hold you liable is already a circumstanceto be reported on liability cover. If you wait for the writ, the claim may fall in an insurance year in which you no longer have that cover. On a policy working on a claims made basis that is the most common cover problem.
You gather evidence on day one
Photographs of the place, the load, the road surface and the damage, plus the names and telephone numbers of witnesses. Where an employee is injured, record the circumstances and the measures taken, because the duty of care in Article 7:658 of the Dutch Civil Code rests on you and you have to be able to evidence it. Repair nothing before you have permission, apart from what is needed to prevent things getting worse.
The injured party can approach the insurer directly
For motor vehicle claims the injured party has a direct right against the insurer under the WAM and can approach it directly. You are therefore not the only route into the file. Refer the other party to the insurer or to us, and keep one contact person yourself to avoid conflicting statements.
When a notification does not lead to payment
Damage caused intent or wilful recklessness is excluded under Article 7:952 of the Dutch Civil Code. Fines and penalty payments are never paid. And if the information given when the policy was taken out turns out to have been incorrect, the insurer can rely on the Articles 7:928 and 7:930 of the Dutch Civil Code, even where the loss itself would have been perfectly well covered.
What does your premium depend on?
- Number of notifications per year: at renewal the frequency weighs more heavily than one large claim
- Amount paid out: the ratio to the premium paid determines the claims record
- Excess: a higher excess keeps small claims out of the statistics
- Recoverability: a loss recovered from the other party usually does not count
- Prevention measures taken: demonstrable measures after a loss help at renewal
- Time taken on open files: long-running injury cases keep counting as a reserve
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Third-party liability | Comprehensive |
|---|---|---|
| Your van pulls away and hits a customer's parked car | Yes | Yes |
| The other party only comes forward a year after the collision with an injury claim | Yes | Yes |
| You reverse into the tail lift of your own second company vehicle | No | Yes |
| Hail dents the roof of the van on the business premises | No | Yes |
| An employee only reports a collision weeks later when handing in a timesheet | Provided that | Provided that |
| The driver turns out to have drunk too much before the collision | No | No |
Late notification only costs you cover if the insurer's reasonable interests are harmed as a result. So record the circumstances straight away.
Frequently asked questions
This is what people ask us most.
How quickly do I have to report a business claim?
As soon as possible after you know about it. Article 7:941 of the Dutch Civil Code does not speak of a fixed number of days, but of reasonable speed; policy conditions often do state a period. Reporting late only becomes a problem if the insurer's reasonable interests are harmed as a result, for instance because the circumstances can no longer be investigated or the repair has already been carried out.
A client is holding us liable. May I respond myself?
Acknowledge receipt and report the claim straight away, but admit nothing and make no offer. The insurer assesses whether you are liable and conducts the defence, even where it considers the claim unfounded. The cost of that defence is usually covered. If you have already reached a settlement yourself, that is no longer a given.
Does every notification count towards my premium?
Not every notification burdens your claims record. A loss recovered in full from the other party is usually left out of account, as is a notification that ultimately leads to no payment. A file that stays open for a long time does count while a reserve stands against it. If in doubt, ask first what a claim means before you submit it.
What do I do about a claim abroad?
Complete the European accident statement there as well, because it has the same layout in several languages. Where there is injury or the circumstances are unclear, call the police and ask for a reference number. Then report the loss to us or to the insurer. For vehicles there is a system within Europe under which handling can run through a representative in the Netherlands.
Every situation is different. For these situations we have a separate page.
- Making a claim as a self-employed professionalDuty to notify, duty to mitigate the loss, evidence
- Reporting a claim in a VvEWho reports, communal or private, order of steps
- Reporting a claimReport immediately, Article 7:941 of the Dutch Civil Code, what to record
- How does a claim work with car insurance?Accident statement form, reporting, repair