Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Sum insured · care, custody and control · staff
A small business causes the same losses as a large one, only without the balance sheet to absorb them.
Deze pagina in het Nederlands: Aansprakelijkheid voor kleine bedrijven.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
The size of a claim depends on the victim, not on your turnover. Injury claims are calculated over the injured party's remaining working life, with loss of earning capacity, care costs and damages for pain and suffering. Whether that loss is caused by a fitter at a large group or by you working alone makes no difference to the calculation.
With a sole trader or a general partnership there is no separation between business and private assets. A claim your business cannot bear runs through to your home and your savings. In a general partnership the partners are also liable jointly and severally . That is why with small businesses the sum insured is more often chosen too low than too high.
You are also liable for the actions of your people. Article 6:170 of the Dutch Civil Code places the mistakes of subordinates with you and Article 6:171 of the Dutch Civil Code does the same for non-subordinates working on your instructions. So a student on placement, an agency worker and a hired-in self-employed professional count as well, even though they are not on your payroll.
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.
If you work as a sole trader or a general partnership, there is legally no separate estate. A creditor can have recourse to your private assets, and in a general partnership all the partners can be held liable for the whole. A private limited company shields that, but where a director is personally seriously at fault they can still be held liable. So the legal form determines what you really risk.
Under Article 6:170 of the Dutch Civil Code you carry the loss your subordinates cause in their work, and Article 6:171 of the Dutch Civil Code extends that to third parties you engage. Recovering it from the employee themselves rarely works: Article 7:661 of the Dutch Civil Code limits that to intent or wilful recklessness. So always state how many people you work with, including hired-in workers and students on placement.
The classic exclusion is care, custody and control: damage to property you hire, borrow, work on or transport. For small businesses that is often the heart of the matter: think of the building you work in, the key you look after, the machine you repair or the goods you store temporarily. Without an extension that is uninsured, while it is the most common type of loss.
The policy covers the activities as you have declared them. If your work changes, if assembly work is added or if you start supplying a different sector, that has to be reported. Article 7:928 of the Dutch Civil Code sets out that duty of disclosure and Article 7:930 of the Dutch Civil Code governs what happens if you breach it: a reduced payment or no payment. One email for each change heads off that conversation.
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.
No, for businesses there is no general legal requirement. In practice the requirement is contractual: clients, landlords, franchisors and tenders require a policy with a minimum sum insured. For a few professions there is a requirement under their own professional rules. That often makes the insurance just as binding in practice as a legal requirement.
No. A personal policy expressly excludes loss connected with a profession or business. That also applies if you work from home, do occasional jobs or have only just started. As soon as you invoice, the act falls within the running of your business and you need business cover. It is best to have borderline cases checked in advance.
Yes. For the loss they cause to third parties, Article 6:170 of the Dutch Civil Code or Article 6:171 of the Dutch Civil Codeapplies, depending on the relationship. Conversely, your duty of care under Article 7:658 of the Dutch Civil Code also applies to them: that fourth subsection expressly covers people who carry out work for you outside an employment relationship. Both sides should be on the policy.
Report it. The cover is based on the description in the policy; work that falls outside it may turn out to be uninsured at the moment you need it. Growth in turnover or staff is picked up at the annual adjustment, but a substantive change in your activities is not. That is a separate disclosure and it costs you one message.
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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