Slimmejassenclausule: more than 50% fault in traffic accidents in Westland
The slimdejassenclausule blocks compensation if own fault exceeds 50% in traffic around Westland. What does this mean for your claim on the N213 or in the greenhouse polder?
The slimdejassenclausule (liability insurance) is a policy condition that excludes claims if you have more than 50% fault in an accident. This supplements the standard 50%-rule and applies specifically to liability insurances, relevant for busy Westland roads such as the Monsterseweg or between Poeldijk and 's-Gravenzande.
Impact on victims in Westland
In accidents with injury, often caused by trucks with greenhouse products or cyclists in the polder, this clause is activated if your fault is predominant. Courts strictly review policy conditions (art. 6:236 BW), as in recent cases at the district court in The Hague for Westland traffic accidents.
Example: Cyclist in Naaldwijk
You ignore right of way on the Hogeweg in Naaldwijk (60% fault in collision with a car), claim against the other party rejected due to the clause. Exception: if the other party was distracted by smartphone use, typical in our agricultural region.
Check your policy with local insurers in Westland and challenge unjust application at the Insurance Disputes Committee or the district court. Local interest groups such as Veilig Verkeer Westland offer free advice.