Smart Jackets Clause: more than 50% fault in traffic accidents in Amsterdam
The smart jackets clause blocks compensation if own fault exceeds 50% in Amsterdam traffic. What does this mean for your claim on the busy canals and bike paths?
The smart jackets clause (liability insurance) is a policy condition that excludes claims if you have more than 50% fault in an accident. This clause supplements the standard 50% rule and applies specifically to liability insurances, particularly relevant in the hectic traffic of Amsterdam where cyclists, mopeds, and cars collide daily.
Impact on Amsterdammers and visitors
In accidents with injury at places like the Dam or the Amstel, this clause is activated if your fault is predominant, for example, by ignoring cyclist priority. Courts strictly review policy conditions (art. 6:236 BW), and the District Court of Amsterdam sees many cases regarding liability claims from the city.
Example: Cyclist on the Haarlemmerdijk
As a cyclist, you ignore priority on the busy Haarlemmerdijk (60% fault), your claim against the other party is rejected due to the clause. Exception: if the other party was under the influence, as in recent incidents around the Jordaan.
Check your policy with the ANWB or a local insurance office in Amsterdam and challenge unjust application with the Insurance Disputes Committee or the district court in Amsterdam. Local traffic congestion on the red-light district increases the risk of such claims.