Slimjassenclausule: more than 50% fault in traffic accidents in Utrecht
The slimjassenclausule blocks compensation in cases of own fault exceeding 50% in Utrecht traffic situations. What does this mean for your claim on the Amsterdamsestraatweg or at the Catharijnepoort?
The slimjassenclausule in motor vehicle liability insurance policies (WA policies) excludes claims if you have more than 50% fault in an accident. This clause supplements the standard 50% rule and is particularly relevant in busy Utrecht areas such as the city center or the Utrechtse Heuvelrug.
Impact on Utrecht victims
In Utrecht accidents involving injury, such as at roundabouts on the Biltstraat, the clause is triggered in cases of predominant own fault. Judges at the District Court of Midden-Nederland strictly review these policy conditions (art. 6:236 BW), with recent cases involving bicycle accidents in the Kanaalstraat.
Example: Cyclist in Utrecht city center
As a cyclist, you ignore right of way on the Oudegracht (60% fault), your claim against the motorist is rejected due to the clause. Exception possible if the other party was under the influence, as in a case at the District Court of Utrecht in 2023.
Check your policy conditions and challenge unjustified application at the Disputes Committee for Insurance or the subdistrict court in Utrecht. Local experts advise victims in the Utrecht region to immediately collect evidence via the Utrecht police.