WA.nlIndependent information about liability

Insuring a tractor

If you buy a tractor or have a registration transferred to your name, you are required to take out tractor insurance. Insurance is important to protect your possessions and to cover unforeseen costs. This also applies to tractors, vehicles that generally require a considerable investment. Taking out tractor insurance is not something you do on a whim; there is relatively a lot involved. For example, you need to think about the ideal cover for damage, theft and liability. Various factors influence the insurance premium, and comparing tractor insurance is advisable. This page describes the situation in the Netherlands.

Tractor at work in the field

Types of tractor insurance

An agricultural business cannot do without one or more tractors. It is the tractors that help bring in the harvest, plough the fields and fertilise the soil. WA cover is in any case necessary if you use a tractor on public roads. But in addition, there are a number of other covers that are certainly worth considering. Bear in mind that most insurers only pay out if the tractor has passed its MOT (APK), unless an exemption from the MOT requirement applies.

Third-party liability insurance (WA) for a tractor

WA cover for tractors is the standard cover that is compulsory once a tractor is used on public roads, for example to drive from one field to another. Without third-party liability insurance you will get a fine. This legally required tractor insurance is mainly there to protect other road users. It ensures that they are guaranteed compensation if the tractor causes an accident and the tractor driver is liable for it. An excess may apply. Third-party liability insurance for tractors will not compensate damage to your own tractor. In addition to an insurance requirement for tractors, there is also a registration plate requirement for tractors.

Limited casco (WA+) for a tractor

In addition to third-party liability insurance for tractors, it is possible to insure other types of damage, for example fire damage. This is covered by limited casco insurance (also "third party, fire and theft plus"). In addition to fire damage, storm damage, theft and window breakage are also insured under WA+ insurance for tractors. The cover options, the excess and the conditions will differ per insurer. It is important to make proper enquiries about this.

Fully comprehensive for a tractor

The most extensive insurance for tractors is casco cover. In addition to WA cover and WA+ cover, it also insures, for example, damage to your own tractor through your own mistake, as well as other damage resulting from an external event. This insurance may offer the most extensive cover, but it of course also comes with a higher price tag. This extensive cover is particularly advisable for new tractors. For older tractors it is less worthwhile.

Additional cover for tractor insurance

Additional covers are optional insurances that offer extra protection on top of the standard cover of the tractor insurance. This can include, for example, passenger insurance, insurance for damage to your own buildings or additional cover for a falling load. These additional covers can result in a higher insurance premium, but they do offer a lot of extra security and financial protection in the event of unforeseen circumstances. It is important to consider carefully which additional covers are relevant to your specific situation and needs. An insurance agent can advise you on this.

Passenger insurance

Passenger insurance for tractors is an additional cover to protect the people in the tractor. This includes both the passenger(s) and the driver of the tractor. Passenger insurance covers personal injury to occupants and damage to the occupants' belongings. Passenger insurance for tractors applies regardless of who is liable for the accident and even applies when there is no liable party.

Extra collision damage

Extra collision damage cover is an additional cover for damage that the tractor causes to your own vehicles or your own buildings, for example when a tractor drives into your own barn. Damage caused to buildings or vehicles that are rented or borrowed is often also covered. However, bear in mind an excess and a cover limit of, for example, €500,000.

Falling load

If you lose a load while driving, this load can cause damage to other road users. Liability for a falling load is usually simply covered by third-party liability insurance for tractors. Damage to the load itself generally has to be insured additionally. For that, you choose falling load cover. Bear in mind that damage that occurs during loading and unloading is often excluded under this additional cover. This damage is then covered by business liability insurance. That too is an insurance that is indispensable for professionals in the agricultural sector.

Hiring out to third parties

Agricultural businesses often find a lot of support in each other. Materials, implements and even tractors are sometimes lent or hired out to one another. In the event of damage, this can cause problems, for example if the hirer does not have good tractor insurance. That is why it is possible to add an additional cover to your own tractor insurance. This additional cover will also compensate damage when the tractor is hired out to third parties. In any case, it is important to inform the tractor insurer of any hiring out to third parties, even if it is purely incidental.

If a legal dispute arises about the tractor, for example a legal dispute after a collision or about the maintenance of the tractor, this additional legal expenses insurance will provide legal assistance. This is first and foremost legal advice in cooperation with a legal partner of the insurer. If legal proceedings eventually have to be brought, the insurer will contribute to the lawyer's fees and court costs.

Underground damage

When ploughing the land or using the tractor in other ways, damage may be caused to underground items, for example water pipes or cables. Such damage can run high. Additional underground damage cover protects you against this. The amount covered is limited in the policy, and there is almost always an excess.

Inherent defect

The additional cover 'inherent defect' (eigen gebrek) is insurance that compensates damage to and costs for the tractor that result from material defects or construction defects. Inherent defect cover often also insures damage due to incorrect operation or incorrect use, for example overloading. However, not every insurer will cover improper use; this differs per insurer. In any case, bear in mind cover restrictions. For example, this additional insurance is often only available for relatively young tractors, for example up to and including 60 months old. Sometimes this period can be extended in exchange for a higher premium, for example to 84 months.

Inherent defect cover is not always worthwhile. The tractor may already come with a manufacturer's warranty. In that case, inherent defect cover is not always necessary. Possibly, once the manufacturer's warranty has expired, you can switch to an inherent defect cover from the insurer. However, not every insurer offers this option. Sometimes conditions are also attached to it. That is why it is advisable to enquire about this in advance.

Employer's liability

WEGAM cover, or employer's liability for motor vehicles (werkgeversaansprakelijkheid motorrijtuigen), is an additional cover for employers who have employees drive the tractor. Based on case law, the employer can be held liable if an employee suffers personal injury when using a tractor. Various insurers offer additional insurance to protect the employer against such claims.

Classic tractor insurance

For an old tractor, often 30 years or older, it is possible to take out classic vehicle insurance (oldtimerverzekering). Classic vehicle insurance for tractors is in principle only possible for a tractor used for pleasure rides and classic vehicle events, not for tractors that are simply used in the field. Classic vehicle insurance is considerably cheaper than regular tractor insurance, but a number of conditions and restrictions are attached to it.

All about classic vehicle insurance
Old tractor in the field

Cost of tractor insurance

The cost of tractor insurance can vary greatly, depending on various factors. It is important to check in advance which tractor insurance suits you and then to find out what it costs. By being well informed about which factors influence the cost of tractor insurance, you can sometimes save considerably on tractor insurance.

  • Value of the tractor: The more expensive the tractor, the higher the insurance premium for casco cover will be.
  • Characteristics of the tractor: Insuring a large, heavy and powerful tractor will generally be more expensive than insuring a small and light tractor. This is because a large, heavy and fast tractor can cause more damage.
  • Use: For tractors used for business purposes, the insurance premium will usually be higher than for tractors used only as a hobby. The cheapest tractor insurance is classic vehicle insurance. The tractor is then only used for events and pleasure rides.
  • Type of insurance: More extensive insurance with additional covers will usually mean a higher insurance premium.
  • Insurance company: The prices of different insurance companies can differ greatly. It is therefore wise to request several quotes and compare them.
  • Location: In some areas with a higher risk of damage, insurance premiums may be higher.
  • Driving and accident history: A claim-free driving history can lead to a lower insurance premium, while having accidents or convictions can increase the insurance premium.
  • Excess: Choosing a higher excess can lead to a lower insurance premium.
  • Payment frequency: Paying the insurance premium in one go can lead to a discount on the total insurance costs.
  • Combining insurance: Combining several insurances with one insurance company, for example tractor insurance and car insurance, can lead to discounts and other benefits.

There are clearly many factors that influence the cost of tractor insurance. So always request several quotes and play with factors such as the excess to find out which tractor insurance fits your budget and still offers suitable protection.

Comparing tractor insurance

When comparing tractor insurance, you should not only look at the price. The exact covers can also differ considerably. So first ask yourself how much risk you are willing to take. And then look for tractor insurance that matches this. A suitable excess, suitable exclusions and suitable conditions are important.

The best way to compare tractor insurance is to request several quotes and compare the policy conditions side by side. Also pay attention to premium discounts. Also be aware that more and more insurers have a no-claims scheme that makes it possible to save on tractor insurance. This can be a good reason to prefer a particular tractor insurer.

Tractor with trailer on a public road

Liability after a tractor accident

Accidents with tractors are relatively common. Every year, around ten people in the Netherlands reportedly die as a result of a tractor accident. In addition, many people end up in hospital or suffer personal injury as a result of an accident with a tractor. Sometimes it is the driver themselves and sometimes it is a bystander. Who is liable for the tractor accident depends on the circumstances of the case.

Category T licence and accidents without a tractor licence

Since 1 July 2015, the compulsory tractor driving licence, or category T driving licence, has applied. The minimum age for obtaining this licence is 16. Anyone who lacks sufficient driving skills, has no driving licence and causes a road accident as a result may be liable for the damage. If that is the case, the tractor driver without a valid driving licence must compensate the damage.

All about the driving licence for a tractor

Accident on your own farmyard

Certainly not all tractor accidents take place on public roads. Sometimes a tractor accident takes place on the farmer's own farmyard. The victim may, for example, be the farmer or one of the employees. There are various reasons why accidents on the farm's own yard are relatively common. A tractor is still mainly a work vehicle that is therefore mainly used on the yard. In addition, people often feel very safe on their own farmyard, while this is usually unjustified. Children at play can also come onto a farmyard, for example.

Liability for special vehicles

After a road accident, it will always be investigated who is liable for the accident. This is also the case if special vehicles are involved in the accident, for example a tractor. In a road accident, it may be, for example, that the tractor driver has committed a traffic offence. Think, for example, of exceeding the maximum speed for tractors. On that basis, the tractor driver may be liable. But even if the tractor driver has kept neatly to the traffic rules, compensation may still have to be paid. This is the case if a vulnerable road user is involved in the accident.

Tractor accident involving an employee

When an employee is involved in a tractor accident, this may be an industrial accident. This means that the employer must compensate the employee's personal injury. In most cases in which a tractor accident involving an employee happens during working hours, the employer will have to compensate the damage. The employer has a great responsibility to prevent such accidents. Agricultural professionals would be wise to have good insurance, insurance that sufficiently covers the liability risk for employees.

All about employers' liability

Hit by a tractor

An accident in which someone is hit by a tractor is a serious matter that often results in major injuries or even death. Tractors are large, heavy machines that cannot stop or swerve quickly, and so they can cause a lot of damage in a collision. Moreover, tractors are often involved in accidents on rural roads and in agricultural areas, areas where traffic is limited and where other road users are often not well protected. For example pedestrians or cyclists.

Accident between a cyclist and a tractor

In the event of an accident between a cyclist and a tractor, liability depends on various factors, such as the traffic rules that were broken and the degree of negligence of both parties. Liability law does, however, have a special rule that works in the cyclist's favour. Under this rule, the tractor driver will almost always have to compensate at least fifty percent of the cyclist's damage. Beyond that, a thorough assessment of the facts is needed to determine who is liable for the accident between the cyclist and the tractor.

All about cyclists in traffic

A collision with a pedestrian

In the event of an accident between a pedestrian and a tractor, liability also depends on various factors. In general, the driver of the tractor is liable for the accident if he or she did not drive responsibly or if the tractor had unsafe technical defects. On the other hand, the pedestrian may also be liable if he or she, for example, did not cross safely or broke the traffic rules. A pedestrian is protected by the same rules as a cyclist. Here too, the tractor driver will almost always have to compensate at least half of the pedestrian's damage. Just as in the case of an accident between a cyclist and a tractor, a thorough assessment of the facts is needed to determine who is liable.

All about pedestrians in traffic

Collision between a tractor and another motorised road user

In a collision between a tractor and another motorised road user, the protection rules mentioned do not apply. This means that only the specific circumstances, namely who made mistakes and the extent to which the parties contributed to the road accident through their mistakes, will determine who is liable.

A motorised road user is a broad concept. It includes, for example, another tractor or a car. Lorries, buses and scooters also count as motorised road users. The same applies, for example, to e-scooters and mobility scooters. Only the e-bike is an exception to this, as it is treated the same as a traditional bicycle. But a speed pedelec is not; a speed pedelec simply counts as a motorised road user.

Compensation after an accident with a tractor

Compensation after a tractor accident covers various types of damage. Some damage will be easy to express in money, for example the cost of repairing a car or lost income. Other damage will be less easy to express in money, for example pain and a loss of enjoyment. In such cases we speak of non-material damages (smartengeld). In any case, calculating compensation is anything but simple.

Non-material or material damage

Non-material damage and material damage are two different types of damage that can result from an accident with a tractor. Material damage concerns physical damage to property, such as vehicles, buildings or other items. It also includes financial loss, such as loss of income. On the other hand, there is non-material damage. This damage is non-physical and includes, for example, emotional or psychological injuries. Examples are trauma, anxiety and grief. Non-material damage can be just as far-reaching as material damage. It is therefore important to take both types of damage seriously when determining compensation.

Personal injury

Personal injury is one of the most important consequences of a tractor accident. A tractor accident can result in permanent injuries, disability or even death. Personal injury includes, among other things, physical and psychological injuries resulting from the accident. It is important to seek medical help immediately after a tractor accident, even if the injuries do not seem serious at first sight. An early diagnosis can often help prevent many problems. The medical findings also help in the later personal injury case.

Non-material damages after an accident with a tractor

Non-material damages (smartengeld) are compensation for non-material damage caused by an accident. In an accident with a tractor, the non-material damage can be very great. In such cases, the victim is entitled to non-material damages. The amount of the non-material damages depends on many factors.

When determining non-material damages, case law is taken into account. On the basis of earlier court rulings, it is possible to estimate the non-material damages. In general, non-material damages in the Netherlands are relatively low, as the examples below show. These examples also show how far-reaching the consequences of an accident with a tractor can be. The indexed amounts were last adjusted in 2023.

Swerving to avoid a tractor and hitting a tree: €3,901

A 29-year-old man had to swerve in his car to avoid a tractor with a trailer coming out of a driveway. As a result, the man's car started to skid and hit a tree. The man suffered a hip injury and a shattered left kneecap. For more than four weeks, the man had to lie flat on his back in a hospital bed. For a period of about 2.5 months, the man was unable to work.

The functional disability was assessed at five percent, but due to further wear of the knee this could rise to eight or nine percent. The court took into account that the man was unable to go on holiday during his recovery period and could not pursue his hobbies, dancing and singing. He was awarded non-material damages of €2,269. The indexed amount is €3,901.

Spinal cord injury and life in a wheelchair after a cyclist ends up under a tractor: €186,998

When a 62-year-old woman was taking part in a cycling tour, at a certain moment she had to swerve to avoid a tractor with a hay tedder. The woman fell, after which the tractor combination drove over her. The personal injury was enormous: broken vertebrae, a spinal cord injury at the level of the fourth thoracic vertebra, a broken breastbone, a broken shoulder blade, broken ribs, a broken metacarpal bone, a collapsed lung and a broken collarbone.

The woman had to spend the first days in intensive care. She underwent surgery and had to stay in a rehabilitation centre for six months. During that time she was completely dependent on the help of others. This was followed by two months of outpatient rehabilitation. Her home had to be completely adapted and made wheelchair-friendly.

At the time of the accident she was in perfect health and a very active woman. She liked to travel, had many hobbies and enjoyed doing odd jobs in and around the house. Since the accident she no longer has control over her life and has lost her independence. She will have to spend the rest of her life in a wheelchair. She continues to suffer from various complaints, such as recurring bladder infections and spasms in the legs and trunk. She has constant pain in her shoulders, and intimate contact with her husband is no longer possible. She finds the limitations on contact and time spent with her four grandchildren especially hard. She was awarded non-material damages of €150,000. After indexation this comes to €186,998.

Woman is hit from behind by a tractor: €129,533

During a cycling tour, a 74-year-old woman and her husband are hit from behind by a tractor with a mowing bucket at the front. The man is killed in this tractor accident. The woman suffers serious brain injury and lies in a coma in hospital for a long time. Only later does she find out that her husband has died, so she was unable to say goodbye. In addition to brain injury, the woman also suffered a collapsed lung, broken ribs, fractures, facial injuries, a haematoma, a bleed on the head and various abrasions. Communication with the woman was almost completely impossible.

The woman stayed in a rehabilitation centre for six months. On arrival she could not speak or walk. After that, the woman stayed another 8.5 months in a nursing home, where she was the victim of several falls, after which she was transferred to a residential care centre. There the woman fell again and broke her hip. The woman is confined to a wheelchair, has stopped speaking and is constantly on pain medication.

Before the accident she was an independent wife, mother and grandmother with a very active lifestyle for her age. After the accident she is a woman with very serious limitations. She has never been able to return to her home, and it has proved difficult to find suitable accommodation for her. She was awarded non-material damages of €110,000. Indexed, this is €129,533.

Hit by a tractor while at work: €92,446

While at work, a driving instructor is hit from the right by a loaded tractor with a trailer. A sixteen-year-old boy is at the wheel of the tractor. As a result of the collision, the driving instructor lies in a coma for six weeks. His right ear has been torn off, his right rib is broken and his right shoulder blade is broken. In addition, he also had a collapsed lung and a lung perforation. This meant he had to be put on a ventilator for several months.

On top of this, the man also had brain injury. As a result, he was initially completely paralysed on the right side. Later he regained limited control over the limbs on the right side of his body. His cognitive functions and speech were also impaired. During the first months after the accident, the man had no control over his bladder and bowels. He often made spastic movements and could only speak unintelligibly. Processing information went very slowly. The man sometimes showed aggressive behaviour.

The man was in hospital for several months. He was then cared for in a rehabilitation centre for eighteen months, and alternately at home and in various care homes and clinics. Only after a long time was he able to live at home again, where he died four years later. Until his death he always remained dependent on care and nursing. He was very aware of all his limitations and of everything he could no longer do, such as forming social relationships or pursuing a hobby. The court took all this into account when awarding non-material damages of €70,000 (indexed amount: €92,446).

Frequently asked questions about liability in a collision with a tractor

In a collision with a tractor, the damage is often very great. As a result, a substantial claim quickly arises. It is one of the reasons why the driver of a tractor bears a great responsibility. Of course, all this can raise questions. We are happy to answer them.

Am I required to insure my tractor?

Yes, under the Motor Insurance Liability Act (WAM, Wet aansprakelijkheidsverzekering motorrijtuigen), owners of motor vehicles are required to insure themselves for legal liability if they use the motor vehicle on public roads. This means you are required to take out third-party liability insurance (WA) for the tractor. Other insurance, for example casco insurance or passenger insurance, is not compulsory, however.

Can I build up no-claims years with my tractor insurance?

With more and more insurers it is possible to build up no-claims years with tractor insurance. These no-claims years result in a no-claims discount, a discount on the premium of the tractor insurance.

What happens to my no-claims discount if I make a claim?

With an at-fault claim, you drop back on the no-claims discount. This means that the no-claims discount is (partly) lost and that you have to pay more for the tractor insurance. This only applies to at-fault claims. If you are not at fault, you do not lose any no-claims discount.

Can I take my tractor on the motorway?

No, it is not permitted to use a tractor on expressways (autowegen) and motorways. This has to do with, among other things, the limited maximum speed of tractors. A tractor on the motorway could endanger other road users.

How does liability work in a road accident between a tractor and a vulnerable road user?

When assessing liability, all factors are taken into account, as well as the extent to which the various parties contributed to the road accident. A lower limit does apply, however. As a result, the tractor driver will always have to compensate at least fifty percent of the vulnerable road user's damage. There are exceptions to this principle, but the conditions for them are extremely strict.

Can I take out passenger insurance for a tractor?

Yes, it is possible to take out passenger insurance for a tractor. This passenger insurance will compensate damage to the driver and any passengers. Passenger insurance also compensates this damage if there is no liable party.

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