Smart Jacket Clause: more than 50% fault in traffic accidents in Delft
The smart jacket clause blocks compensation if own fault exceeds 50% in traffic in Delft. What does this mean for your claim on the busy Delft roads?
The smart jacket clause (liability insurance) is a policy condition that excludes claims if you have more than 50% fault in an accident. This clause supplements the standard 50%-rule and applies specifically to liability insurances, also in the bustling streets of Delft such as Phoenixstraat or around the Markt.
Impact on victims in Delft
In accidents with injury on bike paths or at roundabouts in Delft, this clause is activated if your fault is predominant. Courts strictly review policy conditions (art. 6:236 BW), with recent cases at the District Court of The Hague involving local traffic incidents, such as collisions near the TU Delft campus.
Example: Cyclist in Delft
You ignore right of way on Rotterdamseweg (60% fault), your claim against the other party is rejected due to the clause. Exception: if the other party, for example, was driving too fast through the narrow Delft streets or was under the influence after an evening in the city center.
Check your policy and challenge unjust application with the Disputes Committee for Insurance. In Delft, you can also engage local legal assistance via the Juridisch Loket in the city center for advice on traffic claims in busy places like the Koepoort.