Smartjacketsclause: more than 50% fault in traffic accidents in Rijswijk
The smartjacketsclause in liability policies blocks compensation if more than 50% own fault on Rijswijk roads. Essential for local traffic victims.
In Rijswijk, with busy roads such as Godfried Bomanslaan and Haagweg, the smartjacketsclause (in motor vehicle 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 liability insurance policies, particularly relevant in a municipality with many cyclists and moped riders.
Impact on Rijswijk victims
In accidents with injury at places such as Rijswijk Stadionplein or around Innenkwartier, the clause is activated if your fault is predominant. Judges at The Hague District Court strictly review these conditions (art. 6:236 DCC), with recent cases from Rijswijk as examples.
Example: Moped rider in Rijswijk
Suppose you ignore right of way on Laan van 's-Gravenhage (60% fault), then the insurer rejects your claim against the other party due to the clause. Exception possible if the other party, for example, was driving under the influence, as in a local incident last year.
Check your policy with Rijswijk insurers and challenge unjust rejections at the Disputes Committee for Insurance or the subdistrict court in The Hague. Local experts recommend immediately contacting personal injury agencies in the region.