Direct Action Insurer Utrecht: Direct Claim Against Liability Insurer

# Direct Action Insurer in Utrecht: Direct Claim Against Liability Insurer In Utrecht and surrounding areas, as an injured party you can directly approach the insurer of the liable party under specific conditions. This is called the **direct action** and is provided for in **Article 7:954 Dutch Civil Code (DCC)**. It optimally protects victims in damage claims. ## What Does Direct Action Against the Insurer Mean? The direct action allows you as a victim to immediately file a claim with the liability insurer of the perpetrator, without involving the insured. This way, you target the insurer of the guilty party directly. **Article 7:954 paragraph 1 DCC**: The injured party obtains an independent right to payment from the insurer, limited to the insured sum. This right is standalone. ### Benefits of Direct Action in Utrecht - **Financial reliability**: Insurers are more solvent than individuals or small businesses in the region - **Accelerated procedure**: No delays caused by the perpetrator - **Bankruptcy protection**: Your claim remains intact in the event of the insured's bankruptcy - **Local negotiations**: Direct contact with insurers, possibly via Utrecht experts ## Legal Basis: Article 7:954 DCC **Paragraph 1**: Independent right to payment up to the insured sum. **Paragraph 2**: The insurer may use the same defenses as against the insured, except in cases of non-compliance by the insured. **Paragraph 3**: In the event of bankruptcy or suspension of payments of the insured, the claim against the insurer remains possible (separatism). ### Scope of Application Valid for: - **Motor third-party liability insurance** - **Business liability (AVB)** - **Professional liability** - **Private liability (AVP)** - **Product liability** ## Conditions for Direct Action in Utrecht ### 1. Liability of the Insured Proof required of: - Tort (**Article 6:162 DCC**) - Contractual or statutory liability ### 2. Active Insurance Verify: - Policy valid at the time of damage - Coverage for the incident - Premiums paid, no exclusions ### 3. Policy Coverage Check limits, deductibles, exclusions, and territory. ## Utrecht Practice Examples ### Traffic Accident in Utrecht Hit at a red light on Catharijnesingel? Claim directly with the motor third-party liability insurer for whiplash and car damage. ### Business Incident Water damage caused by plumber in your Utrecht home? Approach the AVB insurer. ### Professional Error Lawyer's mistake causing financial damage? Go directly to the professional liability insurer, even in case of bankruptcy. ### Product Defect Damage from factory product? Claim with the insurer, regardless of the manufacturer's solvency. ## Local Assistance in Utrecht - **District Court Midden-Nederland**: Vrouwe Justitiaplein 1, Utrecht – for proceedings. - **Juridisch Loket Utrecht**: Catharijnesingel 55 – free advice for injured parties. Need help? Contact local personal injury lawyers in Utrecht for your direct action.