Aansprakelijk gesteld worden als zzp’er: stappen nu

An email from a client early in the morning can change the whole day.

Not because anything is immediately certain. Quite the opposite. But because the words feel big and threatening: liability, damage, claim, costs. Maybe it’s about a damaged floor after a photo shoot. Maybe a client says your setup delayed an event. Maybe a client thinks your design caused damage to something that was already fragile. Or perhaps it’s something very vague—the photos just aren’t quite “on fire” the way the client “feels” they should be.

If you’ve just been held liable, you don’t have to solve everything right away. Your first task is simpler: have a cup of coffee or tea, stay calm, don’t admit to anything you don’t yet know, and make sure the right people are involved.

First: take a deep breath. What should you not do right now?

Never respond immediately, never out of emotion—not even if you’re shocked or feel it’s unfair. Stay calm!

That sounds simple, but this is exactly where things often go wrong. A creative freelancer wants to maintain a good relationship. You want to show that you’re professional. So you quickly type: “Sorry, I’ll take care of this.” Or: “I’ll pay for it.” It’s human nature, but very risky—you’re setting a precedent!

A liability claim isn’t proof that you’re liable. The client is saying that you caused damage. Then it needs to be determined what actually happened, what agreements were in place, whether there was damage caused by your work, and whether that damage is covered by insurance.

Therefore, don’t write that you admit fault. Don’t promise to pay. And don’t negotiate amounts via WhatsApp while you still don’t know exactly what’s being claimed. You can, however, respond in a human way:

“I’ve received your message.” “I’ll look into this carefully and get back to you.”

That gives you some breathing room. And breathing room is exactly what you need right now. You have every right to it!

Step 1: Document everything before the story changes

A claim often starts with a single moment but ends in the details.

Save the email or letter in which you’re held liable. Take screenshots of app conversations. Gather photos, quotes, contracts, briefings, delivery files, and schedules. Also note the date, location, people present, and what you believe happened.

Consider a stylist working on location with borrowed furniture. A vase tips over during the takedown. The owner later claims that scratches also appeared on the wooden floor. In that case, you’ll want to know not only that damage was reported, but also when the photos were taken, who was present, which items were moved and by whom, and what had been agreed upon beforehand.

This isn’t a sign of distrust toward your client. It’s due diligence. 

The Chamber of Commerce also reminds business owners of the importance of business liability insurance in the event of damage caused by your company or its operations. Their explanation of compensation for damage and business liability shows why a claim isn’t just an emotional moment, but also a business matter that must be properly documented.

Step 2: Report the claim before responding to the substance of the matter

If you have general liability insurance, report the claim to your insurer as soon as possible. Do this before you discuss liability, repairs, or compensation with the customer.

Why? Because your insurer doesn’t just check whether the damage is covered. In the case of a covered claim, the insurer also assists with the legal assessment: are you liable, is the amount correct, is there evidence, and what is a reasonable response?

At Oddny, legal assistance is included with the liability insurance coverage for creative freelancers, provided the damage is covered under the policy. This means: determining liability, providing legal support, and handling the claim if necessary.

When you file a claim, please immediately include the following:

• the liability letter or email;

• your order confirmation, quote, or contract;

• photos or videos of the situation;

• relevant messages with the client;

• your own brief timeline.

Keep it factual. Don’t defend yourself, don’t dramatize. Just state: this is what happened, this is what the customer says, and here are the documents.

Step 3: What happens with a business liability insurance policy?

A business liability insurance policy covers damage to other people or their property. It doesn’t cover every business dispute, nor does it cover work that needs to be redone because a customer isn’t satisfied with it.

A few familiar examples:

A photographer sets up a shoot in a historic building. A tripod tips over and hits a mirror. A videographer lays cables in a studio; someone trips and gets injured. A creator delivers an object that later comes loose and causes damage to the client’s interior.

In such situations, the insurer looks at three things: Is there damage? Is that damage caused by your work? And is this type of damage covered under the policy?

Oddny’s live General Liability Insurance (AVB) page lists the standard coverage amount: €2,500,000 per claim, with a maximum of €5,000,000 per insurance year. That amount does not mean that every claim will automatically be paid. It does mean that, in the case of a covered claim, there is room to properly handle larger damages without leaving you to foot the bill alone.

There are also limitations. Damage caused intentionally is not covered. Having to re-perform your service is not normally covered under the General Liability Insurance (AVB). And damage to items in your care—for example, rented or on loan—requires special attention. That’s precisely why reporting is important: you don’t have to panic and try to interpret those policy rules on your own.

Step 4: What if you don’t have general liability insurance?

In that case, you can still handle the claim carefully. Gather evidence, ask for justification of the amount, respond without admitting liability, and, if necessary, seek legal advice.

But there’s a big difference.

Without general liability insurance, you’ll have to pay for your own legal representation. You’ll have to handle the discussion about liability yourself. And if it turns out that you are indeed liable, the compensation will, in principle, come out of your own pocket.

For a broken light bulb, that’s just a nuisance. But for personal injury, business interruption at a client’s site, or damage to a valuable location, it can cast a shadow over your work for months. Not because you’re unprofessional, but because a single practical mishap suddenly takes up the space you need to keep moving forward.

That’s why liability for self-employed professionals isn’t an abstract concept. It’s about your ability to keep working after something goes wrong.

Step 5: How do you respond to the client?

Once you’ve reported the claim, you can respond briefly and calmly. For example:

“Thank you for your message. I’ve reported the situation to my insurer so it can be carefully assessed. I’ll get back to you as soon as the details have been reviewed. Until then, I won’t make any statements regarding liability or compensation.”

That’s not a cold response. It’s actually professional.

You show that you take the complaint seriously without committing yourself. For creative professionals, that can sometimes be difficult. Your work is personal. A claim can quickly feel like a judgment on you, your attention, and your craftsmanship. But handling it well requires some distance.

Not because it doesn’t affect you. Because it matters.

How Oddny Handles This

At Oddny, handling a claim doesn’t start with a script. It starts with understanding what happened.

You don’t need to have the exact policy name ready. You don’t need to know whether something is legally termed “custody,” “business interruption,” or “salvage costs.” Just describe your situation: who is making the claim, what are they claiming, when did it happen, and what documents do you have?

Then we’ll take a look. Is the damage covered under your general liability insurance? Is legal assistance needed? Do we need to respond on your behalf? And if something isn’t covered, we’ll make that clear so you know where you stand.

Want to know in advance if your work is properly protected? Then take your time to review Oddny’s liability insurance or calculate your premium using the premium calculator. Start with your work. The insurance comes later.