The Liability Insurance for Individuals (AVP) protects you as a resident of Utrecht against liability for damage you cause to others. For victims of personal injury, it is crucial to understand how this insurance works.
What Damage is Covered by the AVP?
With an AVP, you are insured against liability for damage you cause to third parties, such as property damage or bodily injury.
Examples of Covered Situations
| Scenario | Coverage | Conditions |
|---|---|---|
| Damage caused by your children | Yes, up to insured amount | Included in family policy |
| Damage caused by pets | Yes, in many policies | Check exclusions for specific breeds |
| Injuries during sports or play | Limited | Depending on the situation |
| Damage to borrowed goods | Often not covered | Extra clause sometimes possible |
| Intentionally caused damage | No | Always excluded |
Claiming Damage via the Responsible Party's AVP
As a victim of personal injury in Utrecht, you can directly file a claim with the AVP insurer of the person who caused the damage.
Direct Action
Pursuant to Article 7:954 of the Dutch Civil Code, as an injured party you have the right to a direct action against the insurer, without being dependent on the cooperation of the person responsible.
Steps for a Direct Claim
- Step 1: Request the insurance details of the person responsible
- Step 2: File the damage claim with the insurer
- Step 3: The insurer assesses liability
- Step 4: Upon acknowledgment, the damage is compensated
- Step 5: In case of rejection, you can file an objection or seek legal assistance
Amount of Insured Sums
The maximum amount an AVP pays out depends on the policy and the insured sum.
| Type of Policy | Maximum Amount | Suitable for |
|---|---|---|
| Basic coverage | €1,250,000 | Minor damages |
| Standard coverage | €2,500,000 | General situations |
| Extended coverage | €5,000,000 or more | Serious personal injuries |
What is Not Covered by the AVP?
In Utrecht, as elsewhere, the AVP does not cover all types of damage. It is important to know the exclusions.
Common Exclusions
- Damage caused intentionally
- Damage by motor vehicles (covered under the WAM insurance)
- Damage during work as an employee
- Damage to rented or borrowed property
- Damage due to inappropriate behavior
Disputes with AVP Insurers in Utrecht
It may happen that you get into a dispute with the insurer of the person responsible regarding the handling of your claim.
Common Problems
Dispute over Liability
The insurer denies that their client is responsible. Tip: gather evidence and witness statements, and consider legal assistance.
Dispute over Damage Amount
The insurer accepts liability, but not the amount of the damage. Tip: support your claim with receipts and expert reports.
Slow Handling
The insurer does not respond or responds slowly. Tip: set clear deadlines and refer to the possibility of a complaint with the Kifid or court proceedings.
Advice for Victims in Utrecht
- Always request the insurance information of the person responsible
- File your damage claim as soon as possible
- Keep all communication with the insurer carefully
- For serious injuries, seek legal support immediately
- Do not agree to a settlement without expert advice
Local Assistance in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the District Court of Midden-Nederland (Vrouwe Justitiaplein 1) handles cases regarding liability and personal injury.
Frequently Asked Questions
What to do if I caused damage in Utrecht?
Report this immediately to your AVP insurer, even if you are not sure whether you are liable. Provide a detailed report of the incident and submit evidence such as photos or statements. Leave actions such as admitting fault or paying directly to your insurer to avoid problems.
How do I claim personal injury from the responsible party's AVP?
Request the insurance details from the person who caused the damage. Send a written notification to the insurer with a description of the incident and evidence such as medical documents. The insurer assesses the case and pays compensation upon acknowledgment. In case of rejection, you can object or take legal steps.