What happens if a vehicle is driven without WAM cover?

Driving without WAM cover is a criminal offence in the Netherlands. The owner faces fines, possible seizure of the vehicle, and direct personal liability for all third-party damage caused by the uninsured vehicle.

Does WAM cover damage to the insured vehicle?

No. WAM insurance is third-party only: it covers damage caused to others by your vehicle. Damage to your own vehicle requires limited comprehensive (beperkt casco) or fully comprehensive (allrisk) cover.

Can a third party claim directly against the WAM insurer?

Yes. Article 6 WAM gives injured third parties a direct right of action against the insurer, which means they do not need to first obtain a judgment against the vehicle owner before recovering from the insurer.

Is WAM cover sufficient for commercial vehicles used in logistics?

WAM provides the statutory minimum for third-party liability, but logistics operators typically carry additional cargo liability, business interruption and comprehensive vehicle cover to protect against a wider range of commercial risks.

What is the minimum mandatory cover level under WAM?

The EU minimum for the Netherlands is currently 6.07 million euros per incident for personal injury and 1.22 million euros for property damage. Most insurers offer higher limits as standard, and the statutory minimum is periodically reviewed by EU regulation.

Motor vehicle liability insurance

Mandatory insurance covering damage a motor vehicle causes to third parties.

Définition

Motor vehicle liability insurance is the legally compulsory third-party cover for damage caused by a motor vehicle, governed in the Netherlands by the Motor Insurance Liability Act (WAM). Every motor vehicle owner must maintain at least this third-party cover before the vehicle may use public roads. It protects injured third parties and gives them a direct claim against the insurer. It does not cover damage to the insured's own vehicle.

Exemple

After a delivery van rear-ends another car, the WAM insurer compensates the third party for the damage to their vehicle.

Pourquoi c'est un risque pour l'entreprise

An uninsured motor vehicle on public roads exposes the owner to direct liability for all third-party damage without the protection of an insurer and to criminal and administrative sanctions. For businesses operating fleets, a lapse in WAM cover on even one vehicle creates immediate exposure. Contract provisions that require suppliers or subcontractors to maintain adequate vehicle insurance are meaningless unless the obligation is actually monitored and verified.

Comment le gérer

Maintain a fleet register that includes the WAM policy renewal date for each vehicle, and set reminders well in advance of expiry.
When drivers use their own vehicles for business purposes, verify that their personal WAM policy covers business use, or arrange a fleet extension.
Check that WAM cover is in force before adding a new vehicle to your fleet or before a vehicle is transferred to another entity.
For high-value or specialised vehicles, consider whether WAM-only cover is sufficient or whether comprehensive (allrisk) cover is needed.

Références juridiques

WAM art. 2 Motor Insurance Liability Act (WAM)

Sauf mention contraire, les références renvoient au droit néerlandais (Burgerlijk Wetboek, le Code civil néerlandais) ; les instruments de l'UE tels que le RGPD s'appliquent dans toute l'UE. Il s'agit d'informations générales, pas de conseils juridiques. D'autres juridictions traitent ces concepts différemment. Vérifiez le texte en vigueur et votre situation avec un avocat qualifié.

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