Smart Jacket Clause: more than 50% fault in traffic accidents in Rotterdam
The smart jacket clause in Rotterdam liability policies blocks compensation if your own fault exceeds 50% in accidents on the Erasmus Bridge or A20. Essential for local traffic victims.
In Rotterdam, with its busy ports and cycle paths, the smart jacket clause (in motor vehicle liability or liability insurance policies) plays a crucial role. This policy condition excludes claims if you have more than 50% fault in an accident. It supplements the standard 50% rule and is standard in many Rotterdam car insurance policies.
Impact on Rotterdam victims
In accidents with injury at places like the Willems Bridge or during rush hour on the Kralingse Plasweg, the clause is activated if your fault predominates. Rotterdam judges, under art. 6:236 DCC, scrutinize these conditions strictly, especially in port-related incidents involving trucks.
Example: Cyclist in Rotterdam-Centre
You as a cyclist ignore right of way on the Coolsingel (65% fault), your claim against the motorist is rejected by the clause. Exception: if the other party was under the influence, as in recent incidents around the Markthal.
Check your policy with Rotterdam insurers such as FBTO or Centraal Beheer and challenge unjust application at the Insurance Disputes Committee or the district court in Rotterdam.