Smart Jacket Clause: More Than 50% Fault in Traffic Accidents in Tilburg
The smart jacket clause blocks compensation if own fault exceeds 50% in traffic, particularly relevant at busy Tilburg intersections such as the Ringbaan. What does this mean for your claim?
The smart jacket clause (liability insurance) is a policy condition that excludes a claim if you have more than 50% fault in an accident. This supplements the standard 50%-rule and applies specifically to liability insurances, particularly in urban areas like Tilburg where accidents frequently occur due to heavy commuter traffic.
Impact on Victims in Tilburg
In accidents with injury on roads such as Doctor Deelenlaan or near the station, this clause is triggered if your fault is predominant. Tilburg courts, under the jurisdiction of the District Court of East Brabant, strictly review policy conditions (art. 6:236 BW) and take into account local traffic conditions such as cyclists in the city center.
Example: Moped Rider in the Spoorzone
Suppose you ignore right of way at the intersection near Pieter Vredeplein (60% fault), then your claim against the other party is rejected due to the clause. Exception: if the other party was under the influence, as in recent incidents in Tilburg reported by the police.
Check your policy and challenge unjust application with the Insurance Disputes Committee or a local Tilburg personal injury lawyer. Local associations such as Safe Traffic Tilburg offer free advice for victims.