Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
Insuring a wheel loader and shovel loader
A loading shovel moves bulk: sand, rubble, waste, feed or manure. That makes the risk predictable in kind and surprising in size, because it is about what is in the load.
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In brief
A loading shovel almost always works on a site of its own or a hired one: a recycling yard, a handling and storage location, a sand merchant's yard or a farmyard. No statutory insurance obligation applies there, but the liability under Article 6:162 of the Dutch Civil Code continues undiminished. On such a site there are also lorries, drivers and visitors moving around who do not always know where the shovel is going to turn.
The typical claims pattern differs from that of an excavator. A loading shovel digs little but collides a lot: with retaining walls, silos, weighbridges, tailgates and parked lorries. Because of the articulated steering and the limited sight lines over a full bucket, the blind spot is large. Collision damage on your own site is therefore the most common item, and that falls under liability rather than own-damage.
The third peculiarity lies in the load you scoop up. If the material loaded contains a lithium battery, a gas cylinder or a flammable residue, a fire can start in the bucket or in storage. That loss affects your fire and business interruption insurance and not the machinery policy. For groundwork where cables come into play, see insuring an excavator.
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Loading shovel: what is covered?
The structure of the cover in three parts, with an overview per situation below.
Own-damage cover
Damage to the machine, the body and the attachments.
- Fire and storm
- Theft from the site
- Overturning and collision
Extensions
What you add separately.
- Inherent defect and machinery breakdown
- Transport to the site
- Hired plant
What is covered
| Situation | Third-party liability for plant and machinery | Own-damage cover |
|---|---|---|
| Damage to a building or a parked car next to the site | Yes | No |
| Theft of the machine from the building site | No | Provided that |
| Fire and storm damage | No | Yes |
| Inherent defect in the hydraulics or the engine | No | Provided that |
| Damage to the item you are working on with the machine | No | No |
| Wear and deferred maintenance | No | No |
Mobile plant is a motor vehicle within the meaning of the WAM and needs third-party liability insurance on public roads; non-mobile plant does not. Damage to cables and pipes is generally only covered if the excavation notification has been made and the trial trenches have been dug. The item you work on with the machine falls under the care, custody and control exclusion.
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?
- Replacement value and year of manufacture. The own-damage premium follows the value of the machine including the bucket or fork fitted.
- Nature of the material processed. Sand and soil weigh differently from waste, shredder residue or mixed construction rubble with a fire risk.
- Site layout. Separated driving routes, lighting and camera monitoring on the machine reduce the collision risk.
- Number of operators. A permanent operator weighs differently from changing use of agency and seasonal workers.
- Storage outside working hours. A locked shed weighs differently from an open site; machines of this kind are stolen using a low-loader.
- Attached parts. Rubble buckets, hay forks, silage buckets and quick-coupler systems have to be declared separately with their value.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, your risk and your 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.
No insurance obligation, but full liability
If the shovel stays behind the fence, Article 2 of the Dutch Motor Insurance Liability Act (WAM) does not apply. That only means no one is forcing you. If you hit a customer's lorry or a driver who has just stepped out is injured, you are liable under Article 6:162 of the Dutch Civil Code, and for the actions of your operator under Article 6:170 of the Dutch Civil Code. Without a policy you pay that from your own funds.
Collision damage on site is the main item
Retaining walls, weighbridges, loading docks, sorting installations and parked trucks stand exactly in the turning circle. So separate driving routes from walking areas and record where visitors may go. On a hired site, damage to the floor, the walls and the installation is damage to the landlord's property, which raises the question of whether your tenant's liability is adequate for that.
What you scoop up can catch fire
Mixed construction and demolition waste, waste paper and shredder residue contain batteries and aerosols. If a fire starts in the bucket or in the bulk store, the machine is rarely the largest loss: the stock, the shed and the business interruption are. So match your fire insurance and the storage conditions to what you actually process, and report it when the material stream changes.
Where the cover stops
On a loading shovel, tyres are the most expensive wearing part and they are covered nowhere. Only sudden damage counts. Damage to the loaded material itself is care, custody and control and therefore excluded. Overloading the bucket, continuing to work with defective hydraulics and deferred maintenance are grounds for exclusion. If the shovel sinks into a hole at a depot and overturns, the conversation is about foreseeability rather than about cover straight away.
Site or public road
If the shovel travels on the public road, even briefly, the insurance obligation applies. Report that.
Wearing parts remain excluded everywhere
Tracks, tyres, blades, teeth and cutting edges are wear parts and are not insured anywhere; only sudden damage is covered. Deferred maintenance is also a ground for exclusion. A demonstrable maintenance regime with a logbook is therefore not only good management but also strengthens your position in a claim.
Frequently asked questions
This is what people ask us most.
Do I need insurance if the shovel never leaves the site?
Not by law: the insurance obligation for motor vehicles applies only on the public road. Your liability remains full, however, and it is precisely on a busy loading and unloading yard that most incidents happen. If you merely cross a public road between two parts of the site, you are on the road and Article 2 of the Dutch Motor Insurance Liability Act (WAM) applies as normal.
Is damage to the loaded material covered?
No. The material in the bucket is property in your care and falls under the care, custody and control exclusion. If you process third parties' consignments, for instance at a transhipment terminal, a care, custody and control extension is needed. Set the sum insured to match the value of a full consignment and not the contents of one bucket.
Who is liable if my operator hits a customer?
You are, as the employer. Article 6:170 of the Dutch Civil Code makes you liable for mistakes by subordinates in the course of their work. Recovery from the operator personally is almost always ruled out by Article 7:661 of the Dutch Civil Code, except in cases of intent or wilful recklessness. The liability section of the plant and machinery policy is the cover to use for this.
Are the tyres insured?
Only where there is sudden external damage, for instance because you drive over a protruding piece of steel. Normal wear is excluded, and on a loading shovel that is a real cost item because the tyres are heavily loaded on rubble. Treat it as maintenance rather than an insurable risk, and record the replacement cycle in the logbook.
Every situation is different. For these situations we have a separate page.
- Compare plant and machinery insuranceThe main page
- Insuring a forklift truckInternal transport, inspection, collisions
- Insuring an excavatorExcavation damage, KLIC notification, theft
- Insuring an aerial work platformWorking at height, inspection, overturning
- Insuring a shovel loader and wheel loaderSite, attachments, loading
- Insuring a mobile craneLifting liability, lift plan, certification
- Insuring a telehandlerLifting and hoisting, attachments, inspection
- A forklift truck on plant and machinery insuranceCertification, injury, inspection
Read more
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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.