CMR · limitation · enforcement
Legal expenses insurance (rechtsbijstandverzekering) for a haulage company
In road transport, liability is set out in treaties and enforcement in fines. Legal expenses insurance helps with the dispute, not with the sanction.
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Deze pagina in het Nederlands: Rechtsbijstandverzekering voor een transportbedrijf.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Anyone carrying goods by road works under a legal regime of its own. For cross-border transport the CMR Conventionapplies; within the Netherlands the AVC conditions often apply alongside Title 13 of Book 8 of the Dutch Civil Code. That regime governs not only the extent of your liability as a carrier, but above all the time limits. Article 32 CMR sets limitation at one year, and at three years in cases of intent or equivalent fault. So a file left on the pile for six months is already almost too late. Report early, therefore, even if you still think you can settle it between yourselves.
A a cargo claim is not a legal expenses case. Cargo damaged, missing or delivered late affects your liability as a carrier and belongs on a carrier's liability policy or goods in transit insurance; injury and property damage to third parties on the liability insurance for a transport business. What legal expenses cover is for: unpaid freight charges, discussions with a shipper about waiting time and surcharges, disputes with a subcontracted haulier or freight forwarder, and recovering your own loss after someone has damaged your tractor unit or trailer.
The third element is enforcement. Driving and rest times, use of the tachograph, overloading, load securing, cabotage rules and the licence for haulage produce inspections and decisions. An objection to those falls under the cover only if administrative law is covered as well, and the the fine or additional assessment itself is never reimbursed. In international work there is also the posting of drivers and the applicable collective agreement. Sector information is at insurance for transport and logistics.
This page deals with one situation. The full overview is on Compare personal legal expenses insurance (rechtsbijstandverzekering).
What to look out for
Four points that in road transport make the difference between a workable case and a file that has expired.
Deadlines are shorter than you think
Alongside the limitation period in Article 32 CMR there are short periods for protesting about visible and non-visible damage to the cargo. If a reservation is not noted on the consignment note in time, your position effectively lapses. Record notes on the CMR consignment note immediately, have them signed off and send them to the office the same day.
Fines are never covered, an objection sometimes is
A sanction for exceeding driving and rest times, tampering with the tachograph or overloading falls outside every policy. The lawyer can, however, object to the decision, for instance where there is a threat of withdrawal or suspension of the haulage licence, which hits the business harder than the fine. That requires the administrative law module.
Waiting time, surcharges and unpaid freight
Discussions about loading and unloading times, fuel surcharges and cancellations turn on what the order confirmation says. An undisputed freight charge can be pursued through the debt collection module; as soon as the client raises a counterclaim for damage or delay, it becomes a contract dispute with set-off. Insurers apply a minimum interest per case in that.
Drivers, driving licences and employment law
A driver who loses his licence or lets his Code 95 lapse is immediately unusable in the schedule. A defence in a criminal case against the employee falls under the cover only if traffic legal expenses cover for employees is included, and intent is always excluded. Dismissal, stoppage of pay and discussions about the applicable collective agreement fall under employment law.
What does your premium depend on?
- Number of vehicles and drivers: the main yardstick for the number of files
- Area of operation: domestic, Europe or beyond determines whether a case can be handled
- Type of load: dangerous goods, refrigerated transport or high-value goods count more heavily
- Haulage for hire or own account transport: determines which licensing regime applies
- Use of charter hauliers: subcontracting produces a kind of contract dispute of its own
- Modules chosen: contracts, employment, debt collection, administrative law, traffic
Insurers weigh these details differently. That is where your saving is.
What the lawyer handles
| Situation | Basic | Extended |
|---|---|---|
| A haulier you subcontracted fails to deliver the consignment and cannot be reached | Yes | Yes |
| The dealer refuses to honour the guarantee on a tractor unit that has broken down three times with the same fault | Yes | Yes |
| Your trailer is cut open at a lorry park by persons unknown | No | No |
| The landlord gives notice on your warehouse in order to build homes there | No | Provided that |
| A German client does not pay the freight charge and will only litigate in his own country | No | Provided that |
| Your driver holds you as his employer responsible for his injuries after an accident on the road | No | No |
Report every file as early as possible: in road transport the deadlines pass before the discussions are finished.
Frequently asked questions
This is what people ask us most.
A customer claims for damage to the cargo. Does the legal expenses insurer handle that?
No. A claim against you as a carrier is liability and is handled by your carrier's liability insurer, which also conducts the defence and bears its costs. The legal expenses policy is there for cases you bring yourself, for instance recovering your own loss or pursuing an unpaid freight charge. Report both lines as soon as they arise.
May I hold on to cargo if the client does not pay?
A carrier has a right of retention in certain cases, but it is subject to strict conditions and can conflict with the interests of the cargo interest, who is not always the same party as your client. Holding on to cargo without justification makes you liable for the loss and can lead to a claim for delay. So put the situation to the lawyer first and do not act on your own authority.
What happens if the regulator wants to withdraw my licence?
That is a decision and therefore administrative law. With that module the lawyer can submit views, object and, if necessary, ask for interim relief to stop the consequences temporarily. The deadlines are short, so do not delay reporting. The underlying fines and the turnover you lose during a suspension do not qualify for reimbursement.
My driver is being prosecuted after an accident. Is he insured?
Only if employees are named as insured persons and traffic legal expenses cover or a criminal defence is included. Even then, intent and driving under the influence stay outside the cover, and a traffic fine is not reimbursed. The injuries of those involved run through the motor liability insurance, which is compulsory under Article 2 of the Dutch Motor Insurance Liability Act (WAM).
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