Smart Jacket Clause: more than 50% fault in traffic accidents
The smart jacket clause blocks compensation if own fault exceeds 50% in traffic. What does this mean for your claim?
The smart jacket clause (liability insurance) is a policy condition that excludes claims if you have more than 50% fault. This supplements the 50%-rule and applies specifically to liability insurances.
Impact on victims
In accidents with injury, this clause is activated if your fault is predominant. Courts strictly review policy conditions (art. 6:236 BW).
Example: Moped rider
You ignore right of way (60% fault), claim against the other party rejected due to the clause. Exception: if the other party was drunk.
Check your policy and challenge unjust application with the Disputes Committee.