Smartjacketsclause: more than 50% fault in traffic accidents in Leiden
The smartjacketsclause in liability policies blocks compensation if more than 50% own fault in Leiden's busy traffic. Essential for local victims around the Rapenburg.
In Leiden, with its narrow canal paths and bustling city center, the smartjacketsclause (liability insurance) 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 insurances, especially relevant in places like Breestraat or at the Zijlpoort.
Impact on Leiden victims
In accidents with injury on bike paths along the Nieuwe Rijn, the clause is activated if your fault predominates. Judges in the District Court of The Hague (judicial district for Leiden) strictly review these conditions, in accordance with art. 6:236 BW. Local cyclists and moped riders often experience this in collisions due to right-of-way errors.
Example: Cyclist on Breestraat
As a female cyclist from Leiden, you ignore right-of-way at Morssingel (60% fault), your claim against the motorist is rejected by the clause. Exception possible if the other party was driving too fast or distracted by smartphones – common in the city center.
Check your policy at local insurance offices in the Vliet or consult the Insurance Disputes Committee. In case of improper application, you can litigate via the subdistrict court in Leiden. Local traffic safety reports from the municipality show that 30% of accidents involve own fault exceeding 50%.