Direct Action in the Procedure: From Summons to Judgment in Utrecht
In Utrecht, with its vibrant city centre and busy cycle paths, direct action against an insurer requires a structured procedure at the District Court of Midden-Nederland, Utrecht location. After gathering evidence, such as for accidents on the Oudegracht or around Central Station, you proceed directly against the insurer.
Steps in the Procedure
- Registered summons: Send a formal letter with damage calculation and evidence, addressed to the insurer, often referring to Utrecht incidents.
- Summons: A bailiff in Utrecht serves the summons on the insurer (article 114 Rv), with hearings in the courthouse at Hamburgerstraat 29.
- Hearing of parties: At the Utrecht District Court, parties present their defences; mediation via the Utrecht Legal Aid Office is frequent and effective.
- Pleadings and judgment: The Utrecht cantonal judge awards a ruling up to the insured amount, with swift handling for local cases.
Evidence and Expertise
Medical reports from UMC Utrecht, valuations by local experts and witness statements from the Domstad are crucial. The insurer responds within a reasonable term. For personal injury from Utrecht traffic accidents, the Wibaut norm applies for non-pecuniary damages. Costs: court fee €85-€500 at Utrecht District Court, plus recoverable lawyer's fees (article 6:96 BW). High success rate with clear liability, such as cycle accidents; in case of dispute, an expert report via the court. Provide for interim claims for advances, supported by Utrecht personal injury lawyers.