Insurers will not cover drivers who caused accidents while on their phones
Drivers in the Netherlands who cause accidents while using their phones could now face devastating financial consequences under stricter insurance rules. Starting December 1, four major insurers—Interpolis, Centraal Beheer, FBTO, and Inshared—implemented policies that exclude coverage for damages if drivers are proven to have been holding their phones while driving.
Under the new terms, drivers deemed responsible for an accident due to phone use may be required to pay damages out of pocket. According to insurance comparison site Independer, these costs could run into millions of euros, potentially leading to personal bankruptcy.
“Texting while driving is not only extremely dangerous but can also have enormous financial consequences,” said Menno Dijcks, an insurance expert with Independer, to AD. “If the accident involves personal injury, costs can quickly climb to tens or even hundreds of thousands of euros, especially if the victim suffers long-term disability.”
In the most severe cases, damages could include compensation for physical suffering, medical expenses, and loss of income. For example, if a driver hits a 45-year-old surgeon who can no longer operate due to injuries, the victim’s lost income could amount to nearly 4 million euros over their remaining career, Independer calculated.
“Very few people can cover these kinds of costs,” Dijcks added. “If the debt becomes unmanageable, the driver may be declared bankrupt.”
Insurance companies rely on evidence to hold drivers accountable for phone use during accidents. Proof may include police reports, witness statements, dashcam footage, or data from roadside smart cameras. However, obtaining such evidence can be challenging, as police do not always investigate phone use in traffic accidents.
If sufficient evidence is gathered, insurers can recover damages from the at-fault driver. Drivers unable to pay may face asset seizures or bankruptcy proceedings.
Recent data from the Dutch Institute for Road Safety Research (SWOV) reveals that 75 percent of drivers admit to using their phones while driving, and 25 percent have taken photos behind the wheel. Younger and less experienced drivers are the most frequent offenders.
The most common injuries in traffic accidents include whiplash, bruises, and broken bones, which can have lasting effects on victims. “For the person responsible, the financial burden can last a lifetime,” said Dijcks.
Using a phone while driving is already prohibited under Dutch law. Insurers emphasize that their stricter policies serve as a warning for drivers to comply with the law. Even if phone use is not explicitly mentioned in an insurance policy, drivers can still be held personally liable under claims of negligence or recklessness.
“This is about more than just safety—it’s also about financial responsibility,” Dijcks explained. “The message is clear: keep your phone out of reach while driving.”
