Third-party liability under the WAM
- Injury and property damage to third parties
- During tours as well
- A coupled trailer usually included
- Your own damage is not included
In law a classic tractor is simply a motor vehicle. As soon as it goes on the public road, third-party liability cover is compulsory, even if it otherwise only appears at shows and on tours.
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The same starting point applies to a classic tractor as to modern working plant: a machine with its own drive that moves under its own power is a motor vehicle within the meaning of the WAM. If it goes on the public road (even only for a tour or the run to a classic vehicle day) third-party liability insurance is compulsory under Article 2 of the Dutch Motor Insurance Liability Act (WAM). If the tractor stands only in a locked barn, that obligation falls away, but liability under Article 6:162 of the Dutch Civil Code remains.
The difference from a working tractor lies in the value. For a restored classic the market value is no usable yardstick: restoration hours and rarity appear in no depreciation table. One therefore works with a agreed value valuation by an expert, which fixes the value in advance. Within the limits of the ban on enrichment in Article 7:960 of the Dutch Civil Code that prevents argument after a fire or a theft.
Watch the use as well. Many classic vehicle policies are written for enthusiast use: shows, runs and limited maintenance on your own land. If you use the tractor for business work, it belongs on an ordinary plant and machinery policy.
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Get coveredThe structure is the same as for working plant, with a different arrangement for value and a different pattern of use.
Damage you cause to others with the tractor on or beside the public road.
Damage to the tractor itself, paid at the value established in advance.
Extensions that suit shows, runs and transport.
What is covered
| Situation | Third-party liability | Third-party liability + own-damage cover |
|---|---|---|
| A collision with a third party during a tour | Yes | Yes |
| Fire or a lightning strike in storage | No | Yes |
| Theft from a locked shed | No | Provided that |
| Taking part in a tractor pulling competition | No | No |
| Engine or transmission damage with no external cause | No | No |
| Commercial groundwork with the classic | Provided that | No |
What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) that you receive before you take out cover.
Insurers weigh these details differently. That is where your saving is.
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Four points that determine whether the policy actually pays out after a claim.
A restored tractor is worth more than its book market value. Have the value fixed in advance, therefore, by a a recognised valuer and keep the receipts for parts and restoration work. Without a valuation the insurer determines the market value after the loss, and for rare models that almost always works out lower. Ask as well how long a valuation report remains valid and when a revaluation is needed.
Classic vehicle policies assume limited use: shows, runs and maintenance. If you do use the tractor commercially: snow clearing, contract work, earthmoving: reality departs from what you declared on the application. That falls under the duty of disclosure in Article 7:928 of the Dutch Civil Code and after a loss can lead to a reduction or a refusal under Article 7:930 of the Dutch Civil Code. Report other use in advance, therefore.
The following, among others, are outside the cover: wear and tear and ageing, a mechanical or electrical failure without an external cause, damage caused by overloading or incorrect use such as pulling beyond the manufacturer's limits, damage to the the load or the workpiece, use by an unauthorised driver without the required licence or certificate, and damage caused by intent or recklessness under Article 7:952 of the Dutch Civil Code. Taking part in tractor pulling and other pulling or speed competitions is excluded as standard, including on a classic vehicle policy.
With classic tractors, theft and the stripping of parts are a real risk. Insurers therefore set requirements for the storage: a locked barn, keys not left in the machine and sometimes a tracking system. If the storage changes (for example temporarily at a restorer or on an event site) report it. You report a loss as soon as is reasonably possible; Article 7:941 of the Dutch Civil Code requires you to do so.
This is what people ask us most.
As soon as it goes on the public road, yes. Article 2 of the Dutch Motor Insurance Liability Act (WAM) then requires third-party liability cover, even for a short run to a show. If the tractor stands only in a locked barn and never comes onto public land, that obligation does not apply. Liability for damage it nevertheless causes does remain, under Article 6:162 of the Dutch Civil Code.
Insurers apply their own age threshold for this, along with additional requirements about use, storage and maintenance. What is usually decisive is not the age alone but the combination of limited use and demonstrably good condition. Ask each insurer which threshold applies. It differs and it is not laid down in law.
Not in law, but without a valuation the insurer pays the market value on a total loss, and that rarely does a restored tractor justice. A valuation in advance by an expert fixes the value beforehand. Even then the ban on enrichment in Article 7:960 of the Dutch Civil Code applies: you cannot receive more than your actual loss.
For ordinary participation in a run or show, usually yes, provided it is not a competition. Speed and pulling competitions such as tractor pulling are almost always excluded, even where they take place on a closed site. Check that in advance and ask the organiser what cover the event itself arranges.
Only if that was declared on the application. Business use changes the risk and does not fit an enthusiast policy. If you want to use the tractor both for shows and for work, an ordinary plant and machinery policy is often the right choice, possibly with a valuation to establish the value.
Every situation is different. For these situations we have a separate page.
Ask for a quotation without obligation. We arrange the valuation and set the conditions of each insurer side by side.
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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 (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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