Damage to borrowed or rented items: are you insured?

The short answer: not automatic

The short answer is: your personal liability insurance (AVP) usually does not cover damage to borrowed or rented items, unless specific coverage is included. This is due to the so-called 'opzicht' (custody) clause: when an item is in your care and something happens to it, you are considered its keeper, and the AVP typically excludes payouts. However, there are exceptions: some policies offer limited cover for rented goods or for borrowed items under an additional module. Your home contents insurance may also step in in certain situations. It is therefore essential to review your policy terms and understand exactly what your insurer means by 'opzicht', 'hoede' (care), and 'gebruik' (use). In practice, this causes considerable confusion, but in this article we explain it clearly. Legally speaking, borrowing and renting are two distinct types of agreement under Dutch law: a loan-for-use agreement provides an item free of charge, while a rental agreement requires the tenant to pay in return — a distinction that often matters little for insurance cover, but can be relevant for determining liability between the parties.

When this question comes up

In daily life, you regularly borrow items from others or rent something for a job. Think of a power drill, a party tent, a car, a moving van, or sports equipment. Or if you live in a rental home and accidentally scratch the countertop, or drop an expensive vase belonging to a friend — these are all scenarios where your insurance comes into play. The confusion arises because not every policy uses the same rules. Here are the most common examples:

• You borrow a drill from your neighbours and it falls onto a concrete floor while you are working.
• You rent a moving van and accidentally dent the loading bay; the rental company holds you liable.
• You house-sit for friends and accidentally drop an expensive vase.
• You borrow your sister's e-bike, crash, and damage the frame and battery. Learn which insurance and liability rules apply to e-bikes.
• During a move, you borrow items from friends or rent a trailer; if damage occurs, it's often unclear who pays. Find out if your contents insurance, the moving company or your AVP covers damage during a move.
• You rent a furnished apartment and damage the landlord's built-in appliances.

What is usually covered or relevant

Your AVP is designed for damage you cause to others. For example, knocking over an expensive vase at a party, or your child accidentally kicking a football through the neighbour's window. In such situations, the damage is generally covered. However, when it comes to items you have in your care — referred to as 'opzicht' — there is often an exclusion. The insurer reasons that as the temporary keeper you should handle the item carefully. Yet there are a few scenarios in which your AVP may pay, or other insurances come into play. Let's list them.

Firstly, there is cover for tenant liability if you live in a rental home. Many AVP policies offer a module covering damage to the rented property, such as a broken tap, a damaged floor or a broken window. This is not included in standard AVP but can often be added for a few euros per month. Additionally, some AVP policies provide limited compensation for damage to rented movable items (like a power drill) up to a certain maximum, often €2,500 or €5,000. However, this is far from standard, so you must find it explicitly in your policy.

Your contents insurance may also come into the picture. Many contents policies have a clause for 'borrowed items' or 'third-party goods' temporarily in your home. If, for instance, you borrow a friend's laptop and drop it in your house, the contents insurance may cover the damage — provided it is an insured event (such as 'sudden damage'). Note: the maximum payout is often relatively low, e.g. €1,000 to €2,500, and applies only to items located in your home and belonging to private individuals.

What is often not covered or misunderstood

The biggest pitfall is the opzicht clause. Once you have an item in your possession, it is considered 'under your care'. The AVP then usually does not pay out, regardless of whether the damage was accidental or due to negligence. This applies to both borrowed and rented items. For example, you borrow a friend's expensive camera for a weekend trip and you drop it. Most AVP policies will say: this is your risk, because you had the camera in 'opzicht'. Your friend cannot claim against you, but your friendship may suffer — and you'll have to pay out of pocket.

Another misunderstanding is that all damage to rental homes falls under the AVP. Standard AVP only covers damage to the landlord's 'movable' property (such as furniture in a furnished apartment), but often not to the immovable property (the walls, floors, kitchen). For that, you need a tenant liability module. Without such cover, you can face unpleasant costs, as the landlord can claim the repair costs from you. Read more about damage to rental property and who is insured.

Contents insurance is also often interpreted too broadly. Your contents policy covers your own belongings, not those of others, unless explicitly stated. The 'borrowed items' module is extra and often needs to be actively ticked. Even then, conditions are strict: the item must be in your home, the damage must be sudden and unforeseen, and there is often a low maximum payout.

*Note: exact cover varies by insurer and policy. Always consult your own policy terms and schedule. This overview is a general indication based on what many Dutch non-life insurance policies offer. Some policies may have different definitions or exclusions.

What to check in your own policy

Since cover for borrowed and rented items can vary widely, it's crucial to go through your policy documents yourself. Pay particular attention to the following points. If you're unsure or something is missing, comparing personal liability insurance without commission can show you how your current policy compares to others on the market.

Common mistakes and misconceptions

Many policyholders too easily assume their insurance covers all damage. That leads to unpleasant surprises when a claim is rejected. These are the most common misunderstandings and mistakes you can avoid:

• Thinking that AVP always covers all damage to other people's property. The opzicht clause creates a clear exception that many only discover when they claim.
• Not distinguishing between borrowing and renting. For insurance, the legal difference is often less relevant, but some policies treat rented items slightly differently (more favourably) than borrowed ones.
• Assuming your contents insurance automatically covers borrowed items. The 'borrowed items' module is not standard and has strict conditions.
• Not checking whether tenant liability is included. Many tenants pay for a standard AVP and only discover after property damage that it's not covered.
• Claiming small damage without knowing your deductible. Sometimes it's cheaper to pay the damage yourself to avoid a premium increase or losing your no-claims.

When it makes sense to have an advisor review

Going through your policy terms yourself takes time and it's easy to miss something, especially if you have multiple insurances. Moreover, policy conditions vary widely between insurers. If you find yourself in a situation where you often borrow or rent items, or you've moved into a new (rental) home, it can be wise to have an independent advisor review your entire insurance package. This gives you a clear picture of which damages are covered, whether you're over-insured or have gaps, and whether you can reduce premiums without losing cover.

At PolisMoment you can request a no-obligation non-life insurance check. One independent, commission-free advisory office reviews your policies, taking your personal situation into account. The advice is free and without strings attached. See how the free non-life insurance check works and remember that no-obligation means: no means no.