Smart Alec Clause: Over 50% Liability in Traffic Accidents in Zoetermeer
The smart alec clause blocks compensation if your liability exceeds 50% in traffic around Zoetermeer. What does this mean for your claim on the N206 or in the Oosterheem district?
The smart alec clause (Third-Party Liability insurance) is a policy condition that excludes entitlement to compensation if you are more than 50% at fault for an accident. This clause supplements the standard 50% rule and specifically applies to third-party liability (WA) insurance policies, which are common at busy roundabouts and cycle paths in Zoetermeer.
Impact on Victims in Zoetermeer
In accidents involving injuries at locations such as Rokkeveenseweg or near the Stadium, this clause is triggered if your fault is predominant. Courts in the The Hague region strictly assess policy conditions (Article 6:236 of the Dutch Civil Code), with recent cases from Zoetermeer serving as examples.
Example: Cyclist in Zoetermeer
You ignore the right of way at the Seghwaert intersection (60% liability), and your claim against the motorist is rejected due to the clause. Exception: if the other party, for instance, was speeding through the polder landscapes around Zoetermeer.
Review your policy with local insurers in Zoetermeer and challenge unjust application through the Insurance Disputes Committee or the subdistrict court in Zoetermeer.